Double Jeopardy: A Reference Guide to the United States Constitution

Double Jeopardy: A Reference Guide to the United States Constitution

Double Jeopardy: A Reference Guide to the United States Constitution

Double Jeopardy: A Reference Guide to the United States Constitution

Synopsis

This volume provides an up-to-date, in-depth analysis of the Double Jeopardy Clause.

Excerpt

One can conceive of the United States Constitution in many ways. For example, noting the reverence in which it has been held, one can think of it as equivalent to a sacred text. Unfortunately, most of its devotees have had less knowledge and even less understanding of the document than they have had reverence for it. Sometimes it is treated as primarily a political document and on that basis has been subjected to analysis, such as Charles Beard's An Economic Interpretation of the Constitution of the United States. One can plausibly argue that the Constitution seems most astounding when it is seen in the light of the intellectual effort that has been associated with it. Three brief but highly intense bursts of intellectual energy produced, and established as organic law, most of the Constitution as it now exists. Two of these efforts, sustained over a long period of time, have enabled us to better understand that document.

The first burst of energy occurred at the Constitutional Convention. Although some of the delegates' business, such as the struggle between populous and nonpopulous states about their representation in Congress, was political, much of it was about fundamental issues of political theory. A few of the delegates had or later achieved international eminence for their intellects. Among them were Benjamin Franklin, Alexander Hamilton, and James Madison. Others, although less well known, had first-rate minds. That group includes George Mason and George Wythe. Many of the delegates contributed intelligently. Although the Convention's records are less than satisfactory, they indicate clearly enough that the delegates worked mightily to constitute not merely a polity but a rational polity—one that would rise to the standards envisioned by the delegate's intellectual ancestors. Their product, though brief, is amazing. William Gladstone called it "the most wonderful work ever struck off. . . ."

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