Framing of the Fourteenth Amendment
Author : Joseph Bliss James
Publisher :
Page : pages
File Size : 14,75 MB
Release : 1956-06
Category : Political Science
ISBN : 9780844623085
Author : Joseph Bliss James
Publisher :
Page : pages
File Size : 14,75 MB
Release : 1956-06
Category : Political Science
ISBN : 9780844623085
Author : Joseph B. James
Publisher :
Page : 220 pages
File Size : 39,9 MB
Release : 2003-01
Category :
ISBN : 9780758122452
Author : Joseph B. James
Publisher :
Page : 0 pages
File Size : 11,4 MB
Release : 1984-06
Category :
ISBN : 9780844623085
Author : Joseph Bliss James
Publisher : Urbana : University of Illinois Press
Page : 240 pages
File Size : 37,40 MB
Release : 1956
Category : Social Science
ISBN :
Author : Ilan Wurman
Publisher : Cambridge University Press
Page : 199 pages
File Size : 46,85 MB
Release : 2020-11-12
Category : History
ISBN : 1108843158
In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.
Author : William E. Nelson
Publisher : Harvard University Press
Page : 284 pages
File Size : 42,65 MB
Release : 2009-06-01
Category : Political Science
ISBN : 9780674041424
In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.
Author : Randy E. Barnett
Publisher : Harvard University Press
Page : 489 pages
File Size : 14,78 MB
Release : 2021-11-02
Category : Law
ISBN : 0674270134
A Federalist Notable Book “An important contribution to our understanding of the 14th Amendment.” —Wall Street Journal “By any standard an important contribution...A must-read.” —National Review “The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since...The corpus of legal scholarship is richer for it.” —Washington Examiner Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses. Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism. The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law.
Author : Raoul Berger
Publisher :
Page : 512 pages
File Size : 43,76 MB
Release : 1977
Category : Civil rights
ISBN :
Author : Herbert Thompson Leyland
Publisher :
Page : 294 pages
File Size : 42,38 MB
Release : 1922
Category :
ISBN :
Author : Garrett Epps
Publisher :
Page : 18 pages
File Size : 32,83 MB
Release : 2008
Category :
ISBN :
The story of the Framing of the Fourteenth Amendment is a lost story of American history, covered over by Southern inspiring myth making and an unwillingness to grapple with the central role of slavery in American history. Americans can take new inspiration from that story and use it as an example of how our popular democracy can be perfected. Even today, nearly a century and a half after the Second Founders did their work, their words and example move before us as a people, a cloud by day, a pillar of fire by night.