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.

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.

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. Recounting this 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. Incisively, thoroughly, and thoughtfully—as always-Leonard Levy offers historical meaning and understanding to one of our most basic rights. —Stanley I. Kutler

What did "freedom of the press" really mean to the framers of the First Amendment and their contemporaries? This masterful book by a Pulitzer Prize–winning constitutional historian answers that question. In Emergence of a Free Press (a greatly revised and enlarged edition of his landmark Legacy of Suppression), Leonard W. Levy argues that the First Amendment was not designed to be the bulwark of a free press that many thought, nor had the amendment's framers intended to overturn the common law of seditious libel that was the principal means of stifling political dissent. Yet he notes how robust and rambunctious the early press was, and he takes that paradox into account in tracing the succession of cases and reforms that figured in the genesis of a free press. Mr. Levy's brilliant account offers a new generation of readers a penetrating look into the origins of one of America's most cherished freedoms.

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.

This book in many ways is a model of legal biography, with a sweeping impact on American law and the economy.