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ORIGINAL MEANINGS

POLITICS AND IDEAS IN THE MAKING OF THE CONSTITUTION

Rakove (History/Stanford Univ.; The Beginnings of National Politics, 1979, etc.) demonstrates the historical and theoretical complexity of the seemingly simple notion of a ``jurisprudence of original intention''—the theory that judges can interpret the Constitution solely by reference to the opinions of its framers. Since the 1980s, conservative legal scholars (e.g., Robert Bork) have espoused ``originalism'' in constitutional interpretation. Adding historical perspective to the legal debate, Rakove here dispels the idea that the Founding Fathers were a monolith; by examining the personal roles of the founders, particularly James Madison, who exercised perhaps the most significant influence over the framing of the Constitution, Rakove shows that the framers were a diverse lot, variegated in their view of the polity they had created. Cmpromise was integral to the politics of constitution-making, Rakove shows, and the need to forge a workable document took precedence over theoretical consistency. The survival of slavery was the most notorious, but not the only, matter on which the framers compromised; the very nuances of federalism itself were unaddressed, leaving a theoretical debate that contributed to the Civil War. Rakove seems to suggest that some of the framers (Jefferson, with his contempt for tradition, stands out), forthright as they were in recreating their political union after the failed Articles of Confederation, would be puzzled at our tendency to worship their creation. Rakove appears to contend that the Constitution was intended to be a living document, not a static, once-and-for-all enumeration of all individual rights and federal powers. ``How,'' asks the author rhetorically, ``could those who wrote the Constitution possibly understand its meaning better than those who had the experience of observing and participating in its operation?'' A unique contribution to the historical and legal debate surrounding the Constitution.

Pub Date: April 9, 1996

ISBN: 0-394-57858-9

Page Count: 448

Publisher: Knopf

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: March 1, 1996

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KILLERS OF THE FLOWER MOON

THE OSAGE MURDERS AND THE BIRTH OF THE FBI

Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.

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Greed, depravity, and serial murder in 1920s Oklahoma.

During that time, enrolled members of the Osage Indian nation were among the wealthiest people per capita in the world. The rich oil fields beneath their reservation brought millions of dollars into the tribe annually, distributed to tribal members holding "headrights" that could not be bought or sold but only inherited. This vast wealth attracted the attention of unscrupulous whites who found ways to divert it to themselves by marrying Osage women or by having Osage declared legally incompetent so the whites could fleece them through the administration of their estates. For some, however, these deceptive tactics were not enough, and a plague of violent death—by shooting, poison, orchestrated automobile accident, and bombing—began to decimate the Osage in what they came to call the "Reign of Terror." Corrupt and incompetent law enforcement and judicial systems ensured that the perpetrators were never found or punished until the young J. Edgar Hoover saw cracking these cases as a means of burnishing the reputation of the newly professionalized FBI. Bestselling New Yorker staff writer Grann (The Devil and Sherlock Holmes: Tales of Murder, Madness, and Obsession, 2010, etc.) follows Special Agent Tom White and his assistants as they track the killers of one extended Osage family through a closed local culture of greed, bigotry, and lies in pursuit of protection for the survivors and justice for the dead. But he doesn't stop there; relying almost entirely on primary and unpublished sources, the author goes on to expose a web of conspiracy and corruption that extended far wider than even the FBI ever suspected. This page-turner surges forward with the pacing of a true-crime thriller, elevated by Grann's crisp and evocative prose and enhanced by dozens of period photographs.

Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.

Pub Date: April 18, 2017

ISBN: 978-0-385-53424-6

Page Count: 352

Publisher: Doubleday

Review Posted Online: Feb. 1, 2017

Kirkus Reviews Issue: Feb. 15, 2017

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NIGHT

The author's youthfulness helps to assure the inevitable comparison with the Anne Frank diary although over and above the...

Elie Wiesel spent his early years in a small Transylvanian town as one of four children. 

He was the only one of the family to survive what Francois Maurois, in his introduction, calls the "human holocaust" of the persecution of the Jews, which began with the restrictions, the singularization of the yellow star, the enclosure within the ghetto, and went on to the mass deportations to the ovens of Auschwitz and Buchenwald. There are unforgettable and horrifying scenes here in this spare and sombre memoir of this experience of the hanging of a child, of his first farewell with his father who leaves him an inheritance of a knife and a spoon, and of his last goodbye at Buchenwald his father's corpse is already cold let alone the long months of survival under unconscionable conditions. 

The author's youthfulness helps to assure the inevitable comparison with the Anne Frank diary although over and above the sphere of suffering shared, and in this case extended to the death march itself, there is no spiritual or emotional legacy here to offset any reader reluctance.

Pub Date: Jan. 16, 2006

ISBN: 0374500010

Page Count: 120

Publisher: Hill & Wang

Review Posted Online: Oct. 7, 2011

Kirkus Reviews Issue: Jan. 15, 2006

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