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This research illuminates the textual content, constitution, and heritage of the clauses of the 1789 invoice of Rights, and appears at their meant relationships to one another and to different constitutional provisions. the writer additionally appears to be like on the alterations caused via the advent of the Fourteenth modification.
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America is mired in debt—more than $30,000 for each guy, lady, and baby. sour battling over deficits, taxes, and spending bedevils Washington, D. C. , whilst partisan gridlock has introduced the govt. to the edge of default. but the extra politicians on each side of the aisle rant and the citizenry fumes, the extra issues appear to stay the same.
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Additional resources for The Bill of Rights: Creation and Reconstruction
Gordon Wood's pathbreaking b o o k , T CREATION ~~ OF T H E AMERICAN REPUBLIC,1776-1787 (1969), began as a dissertation on state as well as federal constitutionmaking; and as Donald Lutz has shown, no account ofthe federal Bill can ignore its state constitutional antecedents. See Donald S. S. BillofRights, 16 S . ILL. U. J. As will become clear, however, some of the most interesting insights about the federal Bill appear when we note the ways in which it subtly or not so subtly diverged from its state constitutional counterparts.
The "Congress shall make no law" amendment's precise location in the original Bill is also quite illuminating. The original First Amendment on congressional size modified Article I, section 2; and the original Second amended Article I, section 6, dealing with congressional salary. Then came our "no law" amendment, glossing the Article I, sec- OUR F I R S T A M E N D M E N T tion 8 catalogue of enumerated congressional powers by suggesting that Congress lacked enumerated power to censor expression or regulate state religious policy-a kind of reverse "necessary and proper" clause.
The Senate, at least, appears to have thought so, for there seems to be no other good explanation for its conscious decision to fold certain prohibitions, but not others, into the "Congress shall make no law" category. The subjects covered by our First Amendment had initially been dealt with by the House of Representatives in two separate amendments. 83 Although the Senate merged the two amendments behind closed doors, leaving us with no transcript of its oral deliberations, it is plausible to presume that states'-rights sentiment motivated the merger.