Leonard W. Levy

Leonard W. Levy's Legacy of Suppression so disturbed Supreme Court Justice Hugo L. Black that he called it "one of the mosts devastating blows that has been delivered against civil liberty for a long time."Published in 1960, this book challenged the liberal interpretation of the First Amendment by claiming that the framers of the Constitution intended it only as a protection against the prior restraint of a publication. It was not, Levy vehemently argued, meant to be used as a defense in seditious libel cases. In other words, freedom of the press meant that a publisher had the freedom to publish, but not without impunity.In Emergence of Free Press, Levy rethinks many of the controversial opinions put forth in the original work. A revised and enlarged edition of the first volume, it offers a more moderate view of the rights guaranteed by the First Amendment. Based on extensive additional research, especially on the newspapers published in Revolutionary America, Levy now concedes that the original interpretation of the First Amendment, even if it wasn't the framer's intention, was broad in scope. "That so many courageous and irresponsible editors risked imprisonment amazes me." he writes. Though he holds to his belief in the writers' intention, he concludes that we don't have to be limited by their narrow view."Seldom has a major constitutional scholar reversed his field under such brilliant light and with such a startling admission...Mr. Levy's contribution becomes him. He has learned--which makes him a fine teacher for us all--and he makes us think hard about our Constitution."--The New York Times"Emergence of a Free Press delivers an even more rousing lesson than its predecessor."--Philadelphia Inquirer·"A lively and important book."--The ProgressiveA major Constitutional scholar rethinks his controversial views about the First Amendment

Americans resorted to arms in 1775 not to establish new liberties but to defend old ones, explains constitutional historian Leonard W. Levy in this fascinating history of the origins of the Bill of Rights. Unencumbered by a rigid class system, an arbitrary government, or a single established church squelching dissent, colonial Americans understood freedom in a far more comprehensive and liberal way than the English, Levy shows. He offers here a panoramic view of the liberties secured by the first ten amendments to the Constitution―a penetrating analysis of the background of the Bill of Rights the meanings of each provision of the amendments.In colonial America, political theory, law, and religion all taught that government was limited. Yet the framing and ratification of the Bill of Rights―in effect a bill of restraints upon the national government―was by no means assured. Levy illuminates the behind-the-scenes maneuverings, public rhetoric, and political motivations that led to each provision. The omission of a bill of rights in the original constitution presented the most serious obstacle to its adoption, despite Federalist claims that a bill of rights was unnecessary. Opponents of the Constitution claimed that inclusion of only some liberties―such as the right to habeas corpus and freedom from ex post facto laws―meant that all other liberties would be lost. But, Levy demonstrates, the people of the United States, aided by a persistent James Madison and by traditions of freedom, had the good sense to support both the Constitution and the Bill of Rights.

In the most controversial analysis ever written of the apostle of American liberty, the distinguished constitutional historian Leonard W. Levy examines Jefferson's record on civil liberties and finds it strikingly wanting. Clearing away the saintliness that surrounds the hero, Mr. Levy tries to understand why the “unfamiliar” Jefferson supported loyalty oaths; countenanced internment camps for political suspects; drafted a bill of attainder; urged prosecutions for seditious libel; condoned military despotism; used the Army to enforce laws in time of peace; censored reading; chose professors for their political opinions; and endorsed the doctrine that means, however odious, are justified by ends. "Implicitly," Mr. Levy writes, "this book is a study of libertarian leadership in time of power and time of danger...Jefferson should be seen [by his biographers] as a whole man in the perspective of his times, but my task is to determine the validity of his historical reputation as the apostle of liberty." "Blunt words and blunt facts...an indispensable book."― Commentary .

For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution , the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism―the constant reinterpretation of the Constitution―he sees as inevitable.

Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church.For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.

Winner of the Pulitzer Prize in history and a landmark in the study of constitutional origins, Leonard Levy's now-classic study appears for the first time in paperback. Origins probes the intentions of the framers of the Fifth Amendment and emphasizes their belief that in a society based upon respect for the individual, it is more important that the accused not unwillingly contribute to his conviction than that the guilty be punished. "A work of monumental scholarship―broad in scope, thorough, carefully annotated, accurate, and imaginative."― Political Science Quarterly . "Vastly learned...everywhere critical and reflective...written in a style at once lucid and vigorous. All in all, it is quite clearly one of the important contributions to historical literature."―Henry Steele Commager. "A matchless contribution to our understanding of the historical background underlying the adoption of a major provision of the Bill of Rights."― American Political Science Review . "A masterful job."―Oscar Handlin.

A legal historian reviews the history of blasphemy, from Moses to Rushdie, showing what forms of speech societies have found intolerable, tracing the changing meanings of blasphemy, and discussing the costs and benefits of free speech.

Trial by jury is the mainstay of the accusatorial system of criminal justice. Here one of our most distinguished constitutional scholars, the Pulitzer Prize-winning Leonard Levy, brings his formidable skills to bear in tracing the development of what many great legal minds have called the “Palladium of Justice.” Mr. Levy identifies the roots of trial by jury in the inquest, a medieval investigatory body whose members were sworn to tell the truth and whose verdicts of guilt or innocence were used by royal courts. From about 1376 the custom of requiring a unanimous verdict from twelve jurors developed. By the mid-fifteenth century, juries―supposedly representative of the community―were beginning to hear evidence that was produced in court. No one could lose life, limb, liberty, or property in a civil or criminal case without a unanimous verdict of guilt. In the American colonies, trial by jury thrived, and from the time of Peter Zenger's famous test of press freedom in 1735, the jury decided the law as well as the facts. By 1776 trail by jury was a common right. Recounting the history with his characteristic clarity, vigor, and elegance of expression, Mr. Levy has given us a brilliant and useful summary of one of our most cherished freedoms.

During his thirty years as Chief Justice of the Supreme Court of Massachusetts, from 1830 to 1860, Lemuel Shaw wrote approximately 2,200 opinions, probably setting a record. His writings covered the entire domain of jurisprudence, excepting admiralty, and no other state judge through hisopinions alone had so great an influence on the course of American law. Through a critical study of Shaw's opinions, noted historian Leonard Levy reveals what Shaw's generation thought about the relation of the individual to the state, and of states to the nation, and how his peers perceived rights,duties, and liabilities, the roles of government, and the character of law itself. Each chapter stands as a selected aspect of American legal history--some cover the response of the law to a great social issue such as fugitive slavery or trade unionism, others attempt to show how and why changes inAmerican industrial life necessitated accommodations in the law, and still others are concerned with the growth of legal doctrines of great consequence such as police power. Overall, the opinions of Justice Shaw illuminate how liberty and order were comparatively valued, which interests were deemedimportant enough to secure in legal moorings, and where the points of social tension, growth, and power were rooted.

This 6-vol. set of the 1987 Dartmouth Medal winner includes all of the material from the original 4-vol. set and 1992 Supplement, as well as updated original articles and completely newarticles covering recent concepts and court cases since 1992. New material isalphabetically integrated throughout the set. Appendices include a case index and primary documents. Among the new articles in this edition are adoption, race, and the Constitution; birthright citizenship; Clinton v. Jones; disability discrimination; hate crimes; modern militias; Violence Against Women Act; and more. The articles in the set provide comprehensive coverage of all aspects of constitutional law, as well as biographies of people who have had an impact on our governments legal framework (Supreme Court Justices, Presidents, Cabinet Members, Lawyers, and more). Judicial decisions handed down by the Supreme Court are also analyzed. Congressional laws, executive orders and other public acts that impacted our legal structure are also examined. Finally articles also cover historical periods (of the Court as well as of US Historical eras). Contributors all focused solely on the constitutional aspects of the many topics covered in this six-volume set and they are professionals who also had their own impact -- lawyers, historians, and political scientists.

Leonard Levy traces the development and implementation of forfeiture and contends that it is a questionable practice, which, because it is so often abused, serves only to undermine civil society. Arguing that civil forfeiture is unconstitutional, Levy provides examples of the victimization of innocent people and demonstrates that it has been used primarily against petty offienders rather than against its original targets, members of organized crime.

"The author's evidence is massive, overwhelming, and carefully analyzed." -- A. H. Keelly

Treason Against a History of the Offense of Leonard Williams Treason Against a History of the Offense of Schocken FIRST First Edition, First Printing. Not price-clipped. Published by Levy, 1981. Octavo. Hardcover. Book is very good with stamp on top page ends. Dust jacket is very good with shelf wear and tearing. 100% positive feedback. 30 day money back guarantee. NEXT DAY SHIPPING! Excellent customer service. Please email with any questions. All books packed carefully and ship with free delivery confirmation/tracking. All books come with free bookmarks. Ships from Sag Harbor, New York.Seller 319069 History We Buy Books! Collections - Libraries - Estates - Individual Titles. Message us if you have books to sell!

Leonard Levy’s new book, a compendium of his law review articles, book chapters, and basic shorter writings on themes with which he has long been identified, is a treasure chest of sound and reasonable analysis of American constitutional history. As one reviewer of the manuscript put “There is not a clinker amongst them.” For anyone who thinks that liberal analysis has grown soft and flabby, a good dose of Levy’s book should set the record straight. Seasoned Judgments is divided into three Rights, Constitutional History, and The Marshall Court. In this progression from the general to the concrete, Levy never ignores the context as well as the content of the judicial process. Indeed, it is this linkage that separates him from nearly all other commentators and writers on the subjects covered. Whether discussing why the original Constitution lacked a Bill or Rights, or why the Fourth Amendment uses the imperative form “shall not” rather than the conditional form “ought not,” the reader enters a world of explanation rich in detail and carful scholarly elaboration. Well-known as editor in chief of the multivolumed Encyclopedia of the American Constitution , this new volume extracts some of Levy’s own contributions to that effort. As a result, one can, for the first time, gain a clear sense of the author’s own profound sense of the major issues confronting American law from the founding fathers to the present. The analysis of such still unresolved issues as flag desecration, the exclusionary rule, testimonial compulsion, taxation without representation, and the nature of the Constitution itself, will be of tremendous appeal to historians and political scientists as well as attorneys and judges.

The Pulitzer Prize–winning constitutional historian Leonard Levy here collects eight of his most important essays of recent years. Written with his characteristic erudition, clarity, directness, and verve, these explorations into the history of the law are at once an entertainment and an education. Mr. Levy begins with a long essay on the Ranters, the ornery radicals who confronted the state and repudiated the moral law in mid-seventeenth-century England. He continues with anecdotes about Supreme Court justices and—a highlight of the book—a fascinating behind-the-scenes view of the deliberation over the Pulitzer Prizes. His chronicle of a long debate with Harvard University Press over the publication of his book on blasphemy is eye-opening and confounding. He concludes with essays on the origins of the Fourth Amendment; on the critics of his prize-winning study of the Fifth Amendment; and on Lemuel Shaw, chief justice of Massachusetts from 1830 to 1860, whom Mr. Levy calls America's greatest magistrate. Together these essays are continuing proof of Mr. Levy's unmatched powers in producing readable and important scholarship.

Leonard Levy, whose Origins of the Fifth Amendment received the 1969 Pulitzer Prize in American History, is widely recognized as one of our nation's preeminent constitutional historians. This book brings together his essays--four never before published--written over the past two decades.Although this collection spans the entire course of American history, Levy focuses primarily on colonial America and the Constitutional period. His essays cover a broad range of subjects, including free speech in the 17th century, John Liburne and the rights of the English, Quaker blasphemy andtoleration, the Zenger case, the First and Ffifth Amendments, Jefferson as civil libertarian, and judicial activism. Levy's previously unpublished works offer new discussions of the history of our Constitution, the Bill of Rights, the establishment clause of the First Amendment, and the rightagainst self-incrimination.

Winner of the Pulitzer Prize in history and a landmark in the study of constitutional origins, Leonard Levy’s now-classic study appears for the first time in paperback. Origins probes the intentions of the framers of the Fifth Amendment and emphasizes their belief that in a society based upon respect for the individual, it is more important that the accused not unwillingly contribute to his conviction than that the guilty be punished. "A work of monumental scholarship―broad in scope, thorough, carefully annotated, accurate, and imaginative."―Political Science Quarterly. "Vastly learned...everywhere critical and reflective...written in a style at once lucid and vigorous. All in all, it is quite clearly one of the important contributions to historical literature."―Henry Steele Commager. "A matchless contribution to our understanding of the historical background underlying the adoption of a major provision of the Bill of Rights."―American Political Science Review. "A masterful job."―Oscar Handlin.

BOOK

An anthology of classic American statements on freedom of the press and a documentary defense of the author's ideas which enables the reader to weigh the intent of the drafters of the first amendment.