Americans often describe their rights in terms of numbers derived from amendments in the federal Bill of Rights, an unambiguous set of limitations on government. Despite this tendency, most do not realize that such amendments were never designed to inhibit local authorities. Nevertheless, during the Progressive Era the federal courts began to claim that the 14th Amendment had “incorporated” federal Bill of Rights restrictions against the state governments. Ever since, this outlook has provided the basis upon which the federal judiciary overturns state laws deemed to be unsavory. As David Benner reveals in The 14th Amendment and the Incorporation Doctrine, no such function was originally envisioned by the amendment. Demonstrating the subject’s far-reaching ramifications, he illustrates how the embrace of incorporation has severely eroded the Constitution’s original intent. Without constitutional sanction, this fallacious doctrine has given the federal courts an excuse to meddle with the internal affairs of the states. Virtually ignored in modern legal studies, the incorporation doctrine is now considered a settled matter of American jurisprudence. Despite the lack of attention to the topic, Benner argues that there is no legal precept that has done more to transform the power of the federal judiciary into a superlative force.

The 14th Amendment and the Incorporation Doctrine

History

Benner, David

Americas

Life & Liberty Publishing Group

Thomas Paine: A Lifetime of Radicalism

As an unremarkable English commoner, former tax collector, and privateer, Thomas Paine was the most unlikely person to carry the torch of American independence. Nevertheless, his succinct and wildly-popular argument in favor of the idea, Common Sense, proved to be the exact catalyst to bring such a provocative cause to fruition.If Paine's public deeds ended there, it would have solidified his place in history, but he exercised considerable influence on the political dynamics of France and Britain as well.In Thomas Paine: A Lifetime of Radicalism, David Benner reveals how Paine became the most notorious radical of his age.

"At a time when many people feel discouraged and unheard, the life of Thomas Paine serves as an apt reminder of the power of ideas and the written word. David Benner has given us a tremendous gift with this absorbing book." 
-Thomas E. Woods, New York Times bestselling author of The Politically Incorrect Guide to American History, and Nullification: How to Resist Federal Tyranny in the 21st Century\n“Thomas Paine rocked the political and religious establishments of America, France, and Britain. David Benner's new biography makes the implausible story of the author of "Common Sense" come alive.” 
-Kevin Gutzman, Western Connecticut State University, New York Times bestselling author of The Politically Incorrect Guide to the Constitution and The Jeffersonians: The Visionary Presidencies of Jefferson, Madison, and Monroe\nAs an unremarkable English commoner, former tax collector, and one-time privateer, Thomas Paine was the most unlikely person to carry the torch of American independence. Nevertheless, his succinct and wildly-popular argument in favor of the idea, Common Sense, proved to be the exact catalyst to bring such a provocative cause to fruition.\nIf Paine’s public deeds were limited to this alone, they would have solidified his place in history, but he had considerable influence on the political dynamics of France and Britain as well. In Thomas Paine: A Lifetime of Radicalism, David Benner reveals how Paine became the most notorious radical of his age.\nBenner's work pays particular focus on to the polemicist's great successes in transforming his day's political landscape. Indeed, most of Paine’s most controversial ideas are not only accepted, but entirely taken for granted in the contemporary. His fiery opposition to hereditary monarchy, slavery, and state religious establishments was entirely novel for his time, but he waged a lifelong crusade against all three institutions, putting himself in great danger in the process.\nPaine adamantly defended the truth as he saw even when it led to adverse political repercussions, the loss of personal friends, and harm to his own livelihood. Even his adversaries conceded he was more uniquely skilled at reaching commoners than any agitator to come before him, and his approach involved regular people in political struggles that had previously been reserved to groups of elites.

The United States Constitution was a concerted response to an age of tyrannical kings and highly centralized government. As history reveals, such political authority had to be challenged directly – by local units and causes – to preserve liberty and ensure public happiness. Compact of the Republic demonstrates that the Constitution did not impose a nationalist, superlative central government, and was not ratified by “one American people” in the aggregate. Instead, the document was the product of a multi-party arrangement, where the states remained the masters of their own creation and the pillars of the federal system. In Compact of the Republic, historian David Benner: *Reveals that representatives were assured that delegated power could be reclaimed by the states following acts of federal overreach and usurpation *Explains the historical foundation behind the Bill of Rights, and traces the limitations on government to the actions of malevolent kings *Proves the Constitution acknowledges the states in the plural, as a collection of sovereign societies with varied interests *Demonstrates that the "elastic clauses" were clearly explained during the ratification campaign, and leave no room for modern reinterpretation *Describes how the federal judiciary now overturns state laws it has no jurisdiction over, to the contrary of its original scope of power *Explains why Thomas Jefferson and James Madison believed that unconstitutional federal laws had to be opposed, nullified, and obstructed by the states *Illustrates that ratification was secured only by convincing opponents of the Constitution that the document would produce a nominal general government with limited, enumerated powers

Compact of the Republic: The League of States and the Constitution

See the best price to sell, buy or rent books by the Life & Liberty Publishing Group publisher. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Life & Liberty Publishing Group

See the best price to sell, buy or rent books by the Life & Liberty Publishing Group publisher. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The 14th Amendment and the Incorporation Doctrine

Thomas Paine: A Lifetime of Radicalism

Thomas Paine: A Lifetime of Radicalism

Compact of the Republic: The League of States and the Constitution