A History of the Adoption of the Fourteenth Amendment with Particular Reference to Its Purposes and Effects

A History of the Adoption of the Fourteenth Amendment with Particular Reference to Its Purposes and Effects PDF Author: John Edward Erwin
Publisher:
ISBN:
Category : Reconstruction (U.S. history, 1865-1877)
Languages : en
Pages : 114

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A History of the Adoption of the Fourteenth Amendment with Particular Reference to Its Purposes and Effects

A History of the Adoption of the Fourteenth Amendment with Particular Reference to Its Purposes and Effects PDF Author: John Edward Erwin
Publisher:
ISBN:
Category : Reconstruction (U.S. history, 1865-1877)
Languages : en
Pages : 114

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The Adoption of the Fourteenth Amendment

The Adoption of the Fourteenth Amendment PDF Author: Horace Edgar Flack
Publisher: Baltimore, Md. : Johns Hopkins Press
ISBN:
Category : Political Science
Languages : en
Pages : 300

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The Original Meaning of the Fourteenth Amendment

The Original Meaning of the Fourteenth Amendment PDF Author: Randy E. Barnett
Publisher: Harvard University Press
ISBN: 0674270134
Category : Law
Languages : en
Pages : 489

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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.

The Adoption of the Fourteenth Amendment

The Adoption of the Fourteenth Amendment PDF Author: Horace Edgar Flack
Publisher:
ISBN:
Category : African Americans
Languages : en
Pages : 296

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The Adoption of the Fourteenth Amendment (Classic Reprint)

The Adoption of the Fourteenth Amendment (Classic Reprint) PDF Author: Horace Edgar Flack
Publisher: Forgotten Books
ISBN: 9781528272582
Category : Political Science
Languages : en
Pages : 288

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Excerpt from The Adoption of the Fourteenth Amendment The Supreme Court Of the United States, in the Slaugh ter House Cases, declared that the privileges and immuni ties of citizens guaranteed by the Fourteenth Amendment are those which they possess as citizens Of the United States and not those which they enjoy by virtue of state citizenship. This decision means that those privileges and immunities which flow from state citizenship must rest for their security and protection where they have heretofore rested, namely, upon the States. In Maxwell w. Dow the Court declared that the privileges and immunities Of citi zens Of the United States do not include those enumerated in, and secured against violation on the part of the Central Government by the first eight Amendments to the Federal Constitution. The same Court, in the Civil Rights Cases, declared that Congress cannot enact direct, affirmative leg islation for the enforcement of the Fourteenth Amendment and can enact only remedial legislation. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

The Adoption of the Fourteenth Amendment - Scholar's Choice Edition

The Adoption of the Fourteenth Amendment - Scholar's Choice Edition PDF Author: Horace Edgar Flack
Publisher:
ISBN: 9781297343209
Category :
Languages : en
Pages : 288

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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Adoption of the Fourteenth Amendment

The Adoption of the Fourteenth Amendment PDF Author: Horace Edgar Flack
Publisher: Forgotten Books
ISBN: 9780656228126
Category : Political Science
Languages : en
Pages : 336

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Excerpt from The Adoption of the Fourteenth Amendment: A Dissertation The Freedmen's Bureau Bill is the first, in joint of time, of the efforts of Congress to reconstruct the Southern States. The original bill was enacted.march 3d, 1865, and was to expire one year after the termination of hostilities. It's object was to protect and support the freedmen who were within the territory controlled by the Union forces. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

The Fourteenth Amendment

The Fourteenth Amendment PDF Author: William E. Nelson
Publisher: Harvard University Press
ISBN: 9780674041424
Category : Political Science
Languages : en
Pages : 284

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Book Description
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.

The Fourteenth Amendment and the States

The Fourteenth Amendment and the States PDF Author: Charles Wallace Collins
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 254

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America's Constitution

America's Constitution PDF Author: Akhil Reed Amar
Publisher: Random House
ISBN: 1588364879
Category : History
Languages : en
Pages : 672

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Book Description
In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.