The Bill of Rights: Original Meaning and Current Understanding

Abstract: The Bill of Rights has been subjected to considerable interpretive revision by the Supreme Court. This is demonstrated by considering the original meaning of the Bill of Rights and the the history, theory, and practice underlying the Bill of Rights.

Keywords: book review, constitution, history, law, Bill of Rights, original intent, judicial activism, civil rights, Constitutional interpretation, construction, First Second Third Fourth Fifth Sixth Seventh Eighth Ninth Tenth Amendments, United States.

Title: The Bill of Rights: Original Meaning and Current Understanding Editor: Eugene W. Hickok.Jr Publisher: University Press of Virginia Date Published: February 1991 ISBN: 0813913365 LOCN: KF4749.A2B56 1990 Dewey: 342.73/085 347.30285 20 Pages: 487 Bibliography: 441 Footnotes: 1401

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CONTENTS

Foreword

Introduction

I: Understanding the Bill of Rights

1: The Bill of Rights and the Doctrine of Incorporation

2: The Intentions of the Adopters Are in the Eyes of the Beholder

3: Constitutional Adjudication: The Interpretive View

II: Original Intent and the First Amendment

4: The Establishment Clause as Intended: No Preference Among Sects and Pluralism in a Large Commercial Republic

5: Free Exercise as the Framers Understood It

6: The Sad State of Free Exercise in the Courts

7: Original Intent and Freedom of Speech and Press

8: May Society Preserve a Modicum of Decorum in Public Discourse?

III: The Second Amendment and the Right to Keep and Bear Arms

9: The Original Understanding of the Second Amendment

10: Minimalist Interpretation of the Second Amendment

IV: Original Intent and the Fourth Amendment

11: The Fourth Amendment as More Than a Form of Words: The View from the Founding

12: The Fourth Amendment in the Nineteenth Century

13: The Fourth Amendment Today

14: Fourth Amendment Remedies: The Current Understanding

V: Due Process and the Administrative State

15: The Original Meaning of the Due Process Clause

VI: Private Property, the Takings Clause, and Due Process

16: The "Takings" Clause and the Fifth Amendment: Original Intent and Significance in American Legal Development

17: Current Understandings of the Takings Clause

VII: Confessions, the Self-Incrimination Clause, and Due Process

18: "Self-Incrimination": The Original Intent

19: Reconsidering Miranda and the Fifth Amendment

VIII: Cruel and Unusual Punishment

20: The Cruel and Unusual Punishments Clause

21: Against the American System of Capital Punishment

22: The Death Penalty Is Not Cruel and Unusual Punishment

IX: The Sixth Amendment and the Right to Criminal Jury Trial

23: The Jury and Consensus Government in Mid-Eighteenth-Century America

24: Unexplored Aspects of the Theory of the Right to Trial by Jury

X: The Sixth Amendment and the Right to Counsel

25: The Sixth Amendment, Judicial Power, and the People's Right to Govern Themselves

26: The Current Understanding of the Sixth Amendment Right to Counsel

XI: The Seventh Amendment and the Right to Civil Jury Trial

27: A Historical Inquiry into the Right to Trial by Jury in Complex Civil Litigation

XII: Original Intent and the Ninth Amendment

28: Limited Government and Individual Liberty: The Ninth Amendment's Forgotten Lessons

29: The Ninth Amendment and Contemporary Jurisprudence

XIII: Original Intent and the Tenth Amendment

30: The Original Understanding of the Tenth Amendment

31: The Current Understanding of the Tenth Amendment

LIBRARY OF CONGRESS DATA

Title:         The Bill of Rights : original meaning and current
                  understanding / edited by Eugene W. Hickok, Jr.
Published:     Charlottesville : University Press of Virginia,
                  c1991.
Description:   xii, 487 p. ; 23 cm.
LC Call No.:   KF4749.A2B56 1990
Dewey No.:     342.73/085 347.30285 20
ISBN:          0813912970 (cloth)
               0813913365 (pbk.)
Notes:         "This book is the result of eight separate
                  conferences conducted by the Center for Judicial Studies
                  between 1985 and 1987"--Foreword.
               Includes bibliographical references and index.
Subjects:      Civil rights -- United States -- Interpretation
                  and construction.
               United States. Constitution. 1st-10th Amendments.
                  -- Interpretation and construction.
               Constitutional history -- United States.
Other authors: Hickok, Eugene W.
Other authors: Center for Judicial Studies (U.S.)
Control No.:   90019945 //r972

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