Sunday, November 14, 2010

The right to keep and bear arms in the states: ambiguity, false modesty, and (maybe) another win for originalism.: An article from: Harvard Journal of Law & Public Policy

!1: Now is the time The right to keep and bear arms in the states: ambiguity, false modesty, and (maybe) another win for originalism.: An article from: Harvard Journal of Law & Public Policy Order Today!


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This digital document is an article from Harvard Journal of Law & Public Policy, published by Harvard Society for Law and Public Policy, Inc. on January 1, 2010. The length of the article is 7201 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.

Citation Details
Title: The right to keep and bear arms in the states: ambiguity, false modesty, and (maybe) another win for originalism.
Author: Clark M., III Neily
Publication:Harvard Journal of Law & Public Policy (Magazine/Journal)
Date: January 1, 2010
Publisher: Harvard Society for Law and Public Policy, Inc.
Volume: 33 Issue: 1 Page: 185(18)

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Wednesday, November 3, 2010

Religion and the Continental Congress, 1774-1789: Contribution to Original Intent.(Review): An article from: Journal of Church and State

!1: Now is the time Religion and the Continental Congress, 1774-1789: Contribution to Original Intent.(Review): An article from: Journal of Church and State Order Today!


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This digital document is an article from Journal of Church and State, published by J.M. Dawson Studies in Church and State on January 1, 2001. The length of the article is 1049 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Religion and the Continental Congress, 1774-1789: Contribution to Original Intent.(Review)
Author: Daniel L. Dreisbach
Publication:Journal of Church and State (Refereed)
Date: January 1, 2001
Publisher: J.M. Dawson Studies in Church and State
Volume: 43 Issue: 1 Page: 156

Article Type: Book Review

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Saturday, October 23, 2010

Original Intent

!1: Now is the time Original Intent Order Today!


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Tuesday, October 12, 2010

Original Intent: The Courts, the Constitution, & Religion

!1: Now is the time Original Intent: The Courts, the Constitution, & Religion Order Today!


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An essential resource for anyone interested in our nation's religious heritage and the Founders' intended role for the American judicial system. Original Intent combines hundreds of quotes from primary sources with the author's exposition on hot topics such as revisionism, judicial activism, and separation of church and state. A substantial appendix encompasses full texts of the founding documents, biographical sketches of numerous Founders, and extensive reference notes.



!1: Best Buy Book Review on
Original Intent:
The Courts, the Constitution & Religion
By David Barton

This book is, in my mind, one of the most important books to have been written since the birth of America as a nation. I say that because of the possible impact that it could have on America if each and every American were to acknowledge the true history of our nation and her people, and to fight to implement its honest conclusions.

A telling sign of this book's importance is in the criticism of those on the left, and the vitriol which they hurl against it and the author. They call themselves "church-state separationists," and they comprise of individuals who align themselves into groups such as the misnamed "People for the American Way" and "positiveatheism.org", "michiganatheists.org", as well as many other like-minded individuals. They make various claims against Barton, such as a belief that many of the quotes are bogus and have no origination in any preserved or extant documents. They also throw out assertions intended to harm his character, including that Barton is not a "lettered" historian, having no formal secondary education in history.

As to the first claim, it should be known that Barton used a scholarly approach in determining which quotes to include in his book. After the publication of his first book on the subject, The Myth of Separation, and the resulting criticism from the left, Barton determined to leave no possibility of criticism on these grounds in future editions and writings, and established more rigorous criteria for inclusion of a quotation in his books/works. Whereas in the past, he used the scholarly approach of insuring that any quotations "have been documented in a completely acceptable fashion for academic works," he instituted a much more stringent criteria which matched legal standards of any court of law in the United States, "relying solely on primary or original sources, using best evidence, rather than relying on the writings of attorneys, professors, or historians".

The interesting aspect of the result of all this hoopla, is that even if the critics were correct (and they are not) and we were to remove the dozen or so questionable quotations, the main thrust of the book remains intact, resulting in absolutely no damage to the thesis.

As to the second claim, it can easily be dismissed on two grounds:

1. Barton's scholarly approach is readily discerned in the book itself.
Barton's book is filled with over 1400 footnotes detailing the origination of all quotations from source documents. His "unschooled" work rivals/surpasses many other works by schooled historians.
2. The charge is an ad hominem attack.
Ad hominem attacks are attacks which seek to harm the argument by harming the author of the argument. This is done by attacking his integrity or character by allusion to some personal deficiency or other defect in his person or being. Ad hominem attacks are considered by any scholarly critic to be outside of the realm of acceptance. The idea is that the argument does not stand or fall by the character or integrity of the sayer, but by the strength of the statements accuracy and logic.

While one could certainly make an argument that a liar's work is unworthy of honest consideration, one must first establish that Barton's work can be defined in such a way - and this from an unbiased source.

Barton originally published The Myth of Separation, in 1988. That book was heavily researched with over 700 footnotes. The main purpose and thrust of this book was to counter the ridiculous claims of the atheists and other leftists who boldly stated that our Founding Fathers were all atheists. They might concede that some were deists, but they were certainly not Christian.

An example of this can be seen in the forward to a book written by the comedian, Steve Allen. In the forward of his book, Martin Gardner makes the incredible claim that,

"...Washington, John Adams, Franklin, Jefferson, and most of the other founding fathers, as well as Lincoln, were not Christians".

Though not an outright lie, this claim is stated in such a fashion as to suggest that the opposite corollary is true: that these men were either infidels, or indifferent to the Christian religion. Yet Barton's book clearly establishes this as completely false.

This claim regarding the Founding Fathers was repeated quite often by those who were opposing Pat Robertson, and Jerry Falwell, and many of the other Christians who were speaking out against the immoral trending in our society away from God in our government, and schools, and our society in general. And this, undoubtedly, was a main reason for the writing of Myth.

When Barton's Myth was published, it lit a fire of incredible magnitude in the loins of Christians who were desperately trying to understand why everything seemed to be falling apart in our society: the Boy Scouts were under attack, prayer was under attack, AIDS was pandemic, homosexuality was being promoted and forced upon society, etc.

After the initial criticisms were levied at Barton's book, Myth, he went to work to expand the scope of the book, and to make any corrections to those criticisms which were valid, resulting in a ton of background materials, and 6 appendices, making his new book, Original Intent, one of the most heavily footnoted books of 1996.

This book can be best described as a window into our past. The greatest obstacle to understanding the material is in understanding the context of the times in regards to our American ancestors (specifically our Founding Father's) thinking and understanding. This book brings a clarity unforeseen heretofore, and illuminates our understanding.

The book gives weight to discussions that argue for the historicity of a Christian Nation. Because of the work of this book, you will see that the criticisms do not come from your typical historian or book critic, but from those on the further extremes of the left. This is primarily due to the scholarly work of Barton, and its strength against frivolous arguments. When all is said and done, there is nothing to attack regarding the book, so they instead attack the author, by generalizing against Barton, and those who have come to learn the truth regarding our nation's Founding Fathers. on Sale!


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Thursday, September 30, 2010

Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review.(Review): An article from: The Review of Metaphysics

!1: Now is the time Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review.(Review): An article from: The Review of Metaphysics Order Today!


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This digital document is an article from The Review of Metaphysics, published by Philosophy Education Society, Inc. on September 1, 2000. The length of the article is 626 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review.(Review)
Author: Gerard Casey
Publication:The Review of Metaphysics (Refereed)
Date: September 1, 2000
Publisher: Philosophy Education Society, Inc.
Volume: 54 Issue: 1 Page: 179

Article Type: Book Review

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Sunday, September 19, 2010

KENNEDY, ANTHONY MCLEOD: An entry from Thomson Gale's <i>West's Encyclopedia of American Law</i>

!1: Now is the time KENNEDY, ANTHONY MCLEOD: An entry from Thomson Gale's West's Encyclopedia of American Law Order Today!


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“West's Encyclopedia of American Law” is 13 volumes and 5,000 entries of comprehensive information on the fascinating American Legal System and its components. Covering historical and current terms, concepts, events, movements, cases, and persons significant to U.S law, West’s has been written, updated, and reviewed by lawyers and professors with the everyday user in mind. Everyone from the layperson hooked on the weekly TV courtroom procedural to the serious student can find such valuable information as brief definitions of legal jargon, exhaustive examinations of courtroom procedure, explanations of complex topics such as civil rights, biographies of standout attorneys, analyses of controversial issues, and transcripts of crucial Supreme Court decisions.





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Wednesday, September 8, 2010

Original Meanings: Politics and Ideas in the Making of the Constitution

!1: Now is the time Original Meanings: Politics and Ideas in the Making of the Constitution Order Today!


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From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.



!1: Best Buy Rakove is one of the most eminent scholars of the Founding, as well as a self proclaimed Madisonian. The thoroughness, and writing style is excellent to be sure. One of the concerns I seem to have is the tendency to use the plethora of information in a way distinctly different than that in which Madison conveyed the ideas.

An example is the mention of William Findley expressing an irony that the Dissent of the Pennsylvania Minority was used by Madison as 'good authority for the true sense of the Constitution'.* It suggests that the Pennsylvania Dissent was the exegesis. In contrast it seems Madison was recounting the numerous objections to the Constitution that the burgeoning call for the Bill of Rights had evoked. In examining the Debates on the Constitution it seems a consistent concern existed as the possible expansion of the National Powers in the Constitution. The Preamble to the Bill of Rights seems to reinforce this idea,

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."



Apparently the States had certain apprehensions to a ' misconstruction', or misinterpretation. To that end Madison ushered the Bill of Rights through the First Session of the First Congress. Recent scholarship by Kurt Lash of Loyola details this rather succinctly. As does the work by Labunski in his book James Madison and the Struggle for the Bill of Rights. Professor Lash notes Madison's claim that the Ninth Amendment was 'as guarding against a latitude of interpretation' is missing from Original Meanings. What I find odd is that it is missing, yet in the work Rakove edited, The Madison Writings it is there in total. This is in Madison's speech opposing the Bank Bill.

Drew McCoy in the 'Last of the Fathers' often expressed the Madisonian idea that examining the history of the times was far more valuable than an interpretive methodology.** To that end Madison stressed from one point forward, that the Ratifying Conventions were the source of the Constitution powers. In rather explicit and implicit terms the Conventions seem to at least convey stern warning as to what the Ratifiers did not wish the Constitution to mean. Assuaging those who had apprehensions was a legitimate desire on Madison's part, for by that effort he would take passive acceptance of some and bring them to a deeper confidence of the nascent republic. Rakove posed an additional objection here as well, mentioning the ratifying Conventions were difficult to access. Madison by the testimony of Fisher Ames and others had diligently collected this from newspapers and, letters to others, so I wonder of this claim, in addition the resolutions accompanying the Ratifying Conventions were pretty explicit as to what they were not accepting.***



The scholarship the Coda the depth are admirable, but there are still a few questions out there.





* Original Meanings page 360

** Last of the Fathers 133

*** Debate on the Constitution part two 536 574
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