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| Foreword | |
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| Preface | |
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| Introduction: Rights across the Centuries | |
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| Rights in Revolution | |
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| The Seventeenth-Century Background | |
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| English Precedents | |
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| American Precedents | |
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| Puzzels about Rights | |
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| Defining a Right | |
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| The Holders of Rights | |
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| The Threat to Rights | |
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| The Sources of Rights | |
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| The Form and Function of a Declaration of Rights | |
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| The Popularity of Rights-Talk | |
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| The Colonists' Appeal to Rights | |
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| The Legacy of 1689 | |
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| Constraining the King | |
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| Convention Parliment, Declaration of Rights, February 12, 1688 o.s. | |
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| Rights in Resistance | |
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| Challenging the Stamp Act | |
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| Resolutions of the House of Representatives of Massachusetts, October 29, 1765 | |
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| Disputing the American Claim | |
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| A Letter from a Gentleman at Halifax (1765) | |
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| Consitutional Rights in the British Tradition | |
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| The Earl of Clarendon to William Pym, January 27, 1766 | |
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| Declarations of Rights as Instruments of Negotiation | |
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| Contintental Congress, Declaration and Resolves, October 14, 1774 | |
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| Rights in the First Constitutions | |
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| Constitutions: A New Definition | |
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| Four Letters on Interesting Subjects, 1776 | |
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| Populist Suspicions | |
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| Resolutions of Concord, Massachusetts, October 21, 1776 | |
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| Declaring Rights: The First Models | |
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| Third Draft of a Constitution for Virginia, Part IV, June 1776 | |
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| Virginia Provincial Convention, Committee Draft of a Declaration of Rights, May 27, 1776 | |
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| Pennsylvania Convention, Declaration of Rights, 1776 | |
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| Massachusetts: A Final Example | |
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| A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts, 1780 | |
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| A Legislative Milestone | |
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| Virginia Statute for Religious Freedom, 1786 | |
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| The Constitution and Rights | |
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| Madison and the Problem of Rights | |
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| Framing the Constitution | |
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| The Basic Positions Stated | |
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| A First Try at Amendments | |
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| Amendments Proposed to Congress, September 27, 1787 | |
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| A Crucial Federalist Response | |
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| Statehouse Speech, October 6, 1787 | |
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| The Anti-Federalist Case | |
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| The Traditional Position Restated | |
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| Second Essay Opposing the Constitution, November 1, 1787 | |
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| Rights and the Education of Citizens | |
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| Federal Farmer, Letter XVI, January 20, 1788 | |
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| The Federalist Position | |
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| Can We Enumerate All Our Rights? | |
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| Speech in the North Carolina Ratification Convention, July 28, 1788 | |
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| Madison and Jefferson: The Classic Exchange | |
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| Defending the Veto | |
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| Letter to Thomas Jefferson, October 24, 1787 | |
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| The View From Paris | |
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| Letter to James Madison, December 20, 1787 | |
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| Letter to James Madison, July 31, 1788 | |
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| Madison's Response | |
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| Letter to Thomas Jefferson, October 17, 1788 | |
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| Jefferson's Common Sense | |
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| Letter to James Madison, March 15, 1789 | |
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| Framing the Bill of Rights Madison's Statemanship | |
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| Speech to the House of Representatives, June 8, 1789 | |
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| Unweaving the Amendments | |
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| U.S. House of the Representatives, Constitutional Amendments Proposed to the Senate, August 24, 1789 | |
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| Editorial Changes | |
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| U. S. Congress, Constitutional Amendments Proposed to the States, September 28, 1789 | |
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| Residual Ambiguities | |
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| Epilogue: After Two Centuries | |
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| Appendices | |
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| A Constitutional Chronology (1603-1791) | |
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| Questions for Consideration | |
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| Selected Bibliography | |
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| Index | |