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摘要
摘要
The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights is a documentary record of the process by which these rights and privileges were defined and recorded as law.
Neil H. Cogan incorporates all pertinent materials from the debate on the ratification of the Bill of Rights. Arranged in chronological order, the work presents each clause in its finished form, and traces its development from its origins. Cogan presents every draft of the text and every documentary source, including state convention proposals, state, colonial, and English constitutional texts, sources in caselaw and treatises. He includes data from diaries and correspondence, pamphlets and newspapers, as well as the Congressional debates. He publishes, for the first time, each version of the drafts from the manuscript collections of the National Archives and Library of Congress. The result is the most detailed and useful record of the debate over the Bill of Rights available.
Including the correspondence of George Washington, Thomas Jefferson, James Madison, and John Adams among many others who debated the issues that the Supreme Court considers law today, The Complete Bill of Rights is the first and only comprehensive collection of texts essential to understanding the Bill of Rights. Organized in an accessible and practical manner, it is an invaluable tool for law students, judges, lawyers, and law clerks, as well as scholars of the law, history, and political science.
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It has been 18 years since Cogan (Whittier Law School) published the first edition (CH, Feb'98, 35-3573) of this indispensable compilation of primary sources on 16 individual provisions of the Bill of Rights. Cogan again provides numerous original drafts and excerpts from congressional debates, state conventions and constitutions, newspapers and pamphlets, and letters and diaries and an increased number of passages from legal treatises. He has also added chapters on the habeas corpus clause of Article I, Section 9 and the privileges and immunities clause in Article IV, Section 9, albeit no explanation of why he excluded other rights-protecting provisions, such as prohibitions against bills of attainder and ex post facto laws. This formidable book would profit from a chapter presenting the debates for or against the addition of the Bill of Rights as a whole, as in volume 5 of Philip Kurland and Ralph Lerner's The Founder's Constitution (1987). Fortunately, Robert Goldwin's From Parchment to Power (1997), Richard Labunski's James Madison and the Struggle for the Bill of Rights (CH, Aug'07, 44-7025), and Carol Berkin's The Bill of Rights (CH, Oct'15, 53-0929) provide excellent analyses of these debates. Summing Up: Highly recommended. Upper-division undergraduates and above. --John R. Vile, Middle Tennessee State University