Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier. The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association. Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution. Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history.

The nine American Jews of whom Milton Konvitz writes are philosophers, jurists, or rabbis, widely known and readily accepted as American Jewish thinkers. Their work reflects all essential Jewish values. Each person in his own way has dedicated his work to the betterment of life and the advancement of human ideals. In this sense, their Jewishness is not defined by religion alone. Americanism permeated all they thought and all they did. Konvitz argues that in the complex modern world, secularists often serve God more handsomely than do members of synagogues or churches. For example, when the Supreme Court in 1954 (with Felix Frankfurter playing a key role behind the scenes) agreed to outlaw segregation of the races in public schools, was the Court's action secular or religious? When Congress passed the statute known as the Americans with Disabilities Act, requiring equal treatment of handicapped persons, was the action secular or religious? Is a minimum wage act secular or religious? Is Medicaid a secular or a religious act? Konvitz believes the distinction is not useful, or even possible. The book is divided into three parts, reflecting Konvitz's range of intellectual interests. The nine essays offer concise intellectual biographies of three American Jewish philosophers, three Supreme Court Justices, and three rabbis. The philosophers-Horace M. Kallen, Morris Raphael Cohen, and Sidney Hook-are world-renowned. The jurists-Louis D. Brandeis, Benjamin N. Cardozo, and Felix Frankfurter-hold prominent places in American legal history. And the three rabbis-Leo Jung, Robert Gordis, and Jacob Agus-are known wherever Jewish thought is studied. By treating with equal seriousness the lives and writings of both religious and secularist thinkers, the author intentionally minimizes the conventional antagonism and frequent conflict between religion and secularism. An unusual feature of the book is the fact that the author was a close friend of six of the persons whose lives and work are examined, allowing him a perceptive insight into their character and thought. Although the book is about serious subjects, its graceful style makes the contents easily accessible to lay persons as well as scholars and students of Judaica.

One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of such "fundamental rights." This volume is likely the first book on the subject and a pioneering work in the history of American constitutional law. Accessibly written for a general and scholarly audience, it will be of particular interest to political scientists, historians, and constitutional scholars.

This book is A thoughtful meditation on the values of Judaism and the ideals of the Declaration of Independence. As he makes clear, there is such a thing as the American-Hebraic idea, which is manifested in the ideals of human dignity, the Rule of Law, the democratic ideal, the rights of conscience, and the pursuit of happiness. It is certain to appeal to American Jews who are seeking identity as Americans and as Jews, and to any reader interesting in understanding why Jews feel rooted in modern America -- from AbeBooks website.