Origins of the Bill of Rights

by Leonard W. Levy and Professor Leonard W. Levy

Book Overview

A history of the origins of the Bill of Rights. It offers a panoramic view of the liberties secured by the first ten amendments to the Constitution - with an analysis of the background of the Bill of... This description may be from another edition of this product.

• Format: Paperback
• Language: English
• ISBN: 0300089015
• ISBN13: 9780300089011
• Release Date: January 2001
• Publisher: Yale University Press
• Length: 306 Pages
• Weight: 0.60 lbs.
• Dimensions: 0.8" x 5.1" x 7.8"

Customer Reviews

A Carefully Written History about Fragile Civil Liberties

G.K. Chesterton wrote that if men do not learn history, they will lose their rights. Leonard Levy's book titled THE ORIGINS OF THE BILL OF RIGHTS justifies this remark, and this book gives a solid account of what should be important to Americans. Unfortunately, too many Americans do not know history and care little about their civil liberties. Yet, Levy' book is there for the record. Levy gives detailed background to civil liberties and explains that the Bill of Rights document was assure in early National U.S. History. THE ORIGINS OF THE BILL OF RIGHTS is a book that explains the modifications and enhancements of rights which are too often taken for granted or have been forgotten. The Framers, as Levy calls them, did not include a Bill of Rights when they wrote the Constitution in the summer of 1787. Some of the Framers did not think they were necessary. Others argued that the state constitutions provided for civil liberties rendering a Bill of Rights unnecessary. However, the Anti-Federalists used the fact that because the U.S. Constitution did not have a Bill of Rights, that was reason not to ratify the document. The Federalists looked foolish when arguing that a Bill of Rights was unnecessary and quickly changed their views in support of the Bill of Rights. The political bargain was that a Bill of Rights would be proposed to be added to the U.S. Constutition, and ratificastion was based on this promise. The Anti-Federalists' complaint about a Bill of Rights is important. This reviewer wrote elsewhere that without the Anti-Federalists, there would be no Bill of Rights. Without a Bill of Rights, there would be no U.S. Constitution. Levy begins the assertion of rights with the rights of Habeas Corpus and protection of Bills of Attainder. Habeas Corpus (to have the body or person) meant that one could not be detained indefinately without a formal charge of a specific criminal act. The Petition of Right (1628)provided this protection in an attempt to prevent English monarchs from arresting political opponents and dissenters and holding them without formal charges. This protection afforded those arrested a chance to inform a judge that charges were bogus, and defendants knew exactly what charges they faced. Therefore defendents and their attornies were able to mount a defense against the charges. Bills of Attainder are forbidden in the U.S. Constitution. The English monarchs used Bills of Attainder to get death sentences against political opponents. A Bill of Attainder was a Parliamentary Act designed to punish someone without due process. Henry VIII got rid of Cromwell by this method. Levy's book deals extensively with First Amendment Rights. At the time of ratification of the U.S. Constitution, most Americans were Protestant, and Protestants were given considerable religious freedom. Catholics found safe haven in Maryland, and aside from some Puritan excesses, there was almost complete religious freedom. Some colonial legislatures disestabli

Wonderful historical reference for the Bill of Rights

Well written and interesting. This book gives a wonderful historical perspective of the laws, practices, and history that led up to the framing of the Bill of Rights. With careful study, Levy has built a window into the politics, thoughts, and fears that led to the inclusion of the BOR and includes many examples of the reasons that they were included. Well written and entertaining, this lesson in American history reads like series of short stories.

Origins of the Bill of Rights

The upset with politicians today is nothing new. "Origins.." puts a human history face on the Bill of Rights. Amazing that our country has retained the original hopes of our founders. Levy is excellent in his description and inspiration.

An In-Depth Analysis of our Bill of Rights.

All Americans cherish their rights given to them by God and our Bill of Rights. This book should be read by all people interested in the origins and formation of our Bill of Rights. This book refreshes our memory of celebrated cases in English and American History that led the way in the formation of our Bill of Rights. The Zenger case in New York became the symbol for freedom of the press and freedom of speech. The Wilkes case in England challenged general warrants and the seizures of private papers; a case that would also be felt on both sides of the Atlantic. This book also enlightens us of the importance and the influence on our Bill of Rights that the Magna Carta and the English Bill of Rights had. We also have the oppurtunity to explore the thoughts of some of our key founding fathers, most notably James Madison. Whatever you learn from this book, the most understood fact that the reader comes out with is that Americans, even before the formation of our constitution, had the innate belief that the government was under subjection by the people, and the rights of the people could not be infringed upon by any government.

An excellent analysis by a leading constitutional historian

This is a very well-written and informative guide to the history and development of the Bill of Rights by one of our leading constitutional historians. It is clearly written, and can easily be followed by non-lawyers and non-historians. Nonetheless, the analysis is sophisticated.The two parts most likely to draw attention are Levy's treatment of the Second and Ninth amendments to the Constitution. With regard to the Second, Levy joins the overwhelming number of constitutional scholars and historians who believe the Second Amendment protects an individual right to arms. And he does so unequivocally: "Believing that the amendment does not authorize an individual's right to keep and bear arms is wrong. The right to bear arms is an individual right. . . . Moreover, the right to bear arms does not necessarily have a military connotation, because Pennsylvania, whose constitution of 1776 first used the phrase 'the right to bear arms,' did not even have a state militia." (pp. 134-35). Levy even criticizes Harvard professor Laurence Tribe for saying otherwise (136) -- though in fact Tribe has changed his position and now agrees with Levy. But this took place as Levy's book was in press. At any rate, revisionist writers such as Garry Wills will find little comfort in this book.On the Ninth Amendment, Levy may annoy many who disagree with him about the Second (and vice versa). Levy argues that the Ninth Amendment was meant to protect both positive rights (e.g., voting, the presumption of innocence, etc.) and natural rights, which he identifies with the Declaration of Independence's "Life, Liberty and Pursuit of Happiness." He has little patience with those who claim otherwise: "To argue that the Framers had used natural rights as a means of escaping obligations of obedience to the king but did not use natural rights 'as a source for rules of decision' is hogwash. One has only to read the state recommendations for a bill of rights to know that the natural rights philosophy seized the minds of the Framers as it had the minds of the rebellious patriots of 1776. One can also read natural rights opinions by members of the early Supreme Court to arrive at the same conclusion." (p. 255). So much for the narrow originalist theories of, for example, Robert Bork.That the book heaps scorn on the half-baked theories of Garry Wills and Robert Bork is just a bonus, though. In substance, it is strong. The writing style is graceful. And the coverage is remarkably complete for such a slim volume. Great work, indeed.