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Author: Howard Jay Graham
Publisher: Wisconsin Historical Society
ISBN: 0870206354
Category : Law
Languages : en
Pages : 646
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Book Description
In 1938, Howard Jay Graham, a deaf law librarian, successfully argued that the authors of the Fourteenth Amendment--ratified after the American Civil War to establish equal protection under the law for all American citizens regardless of race--were motivated by abolitionist fervor, debunking the notion of a corporate conspiracy at the heart of the amendment's wording. For over half a century, the amendment had been used to endow corporations with rights as individuals and thus protect them from state legislation. By 1968, when Everyman's Constitution was first published, the Fourteenth Amendment had become a tool for the incorporation of the Bill of Rights to apply to all American citizens. The essays in this reprinted edition are still relevant as the nation continues to interpret our framing legislation in light of the concerns of today and to balance citizens' rights against those of corporations. Howard Jay Graham was a law librarian brought in by the NAACP's legal team to write a brief on the Fourteenth Amendment for the Supreme Court case Brown v. Board of Education. Though the Supreme Court justices ruled in favor of the NAACP based on the sociological rather than historical evidence it provided, Graham's work, published in various law journals over several decades, contributed greatly to the ongoing interpretation of the Fourteenth Amendment.
Author: Howard Jay Graham
Publisher: Wisconsin Historical Society
ISBN: 0870206354
Category : Law
Languages : en
Pages : 646
Get Book Here
Book Description
In 1938, Howard Jay Graham, a deaf law librarian, successfully argued that the authors of the Fourteenth Amendment--ratified after the American Civil War to establish equal protection under the law for all American citizens regardless of race--were motivated by abolitionist fervor, debunking the notion of a corporate conspiracy at the heart of the amendment's wording. For over half a century, the amendment had been used to endow corporations with rights as individuals and thus protect them from state legislation. By 1968, when Everyman's Constitution was first published, the Fourteenth Amendment had become a tool for the incorporation of the Bill of Rights to apply to all American citizens. The essays in this reprinted edition are still relevant as the nation continues to interpret our framing legislation in light of the concerns of today and to balance citizens' rights against those of corporations. Howard Jay Graham was a law librarian brought in by the NAACP's legal team to write a brief on the Fourteenth Amendment for the Supreme Court case Brown v. Board of Education. Though the Supreme Court justices ruled in favor of the NAACP based on the sociological rather than historical evidence it provided, Graham's work, published in various law journals over several decades, contributed greatly to the ongoing interpretation of the Fourteenth Amendment.
Author: Sardari Lall Bahl
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 228
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Book Description
Author: Judith A. Baer
Publisher: Cornell University Press
ISBN: 1501722751
Category : Law
Languages : en
Pages : 391
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Book Description
The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
Author: Ted Nace
Publisher: Berrett-Koehler Publishers
ISBN: 1576753190
Category : Business & Economics
Languages : en
Pages : 314
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Book Description
'Gangs of America' traces the evolution of the corporation, one of the core institutions of the modern world. It ties political debates about multi-national trade agreements, financial scandals and scores of other specific issues into the narrative account.
Author: Jack Beatty
Publisher: Vintage
ISBN: 1400032423
Category : Business & Economics
Languages : en
Pages : 514
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Book Description
Age of Betrayal is a brilliant reconsideration of America's first Gilded Age, when war-born dreams of freedom and democracy died of their impossibility. Focusing on the alliance between government and railroads forged by bribes and campaign contributions, Jack Beatty details the corruption of American political culture that, in the words of Rutherford B. Hayes, transformed “a government of the people, by the people, and for the people” into “a government by the corporations, of the corporations, and for the corporations.” A passionate, gripping, scandalous and sorrowing history of the triumph of wealth over commonwealth.
Author: Adam Winkler
Publisher: Liveright Publishing
ISBN: 0871403846
Category : Law
Languages : en
Pages : 485
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Book Description
National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Author: Gerard N. Magliocca
Publisher: NYU Press
ISBN: 1479819913
Category : History
Languages : en
Pages : 306
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Book Description
John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union’s policy towards the occupied ex-Confederate States, with consequences that still haunt our politics. American Founding Son provides the most complete portrait yet of this remarkable statesman. Drawing on his personal letters and speeches, the book traces Bingham’s life from his humble roots in Pennsylvania through his career as a leader of the Republican Party. Gerard N. Magliocca argues that Bingham and his congressional colleagues transformed the Constitution that the Founding Fathers created, and did so with the same ingenuity that their forbears used to create a more perfect union in the 1780s. In this book, Magliocca restores Bingham to his rightful place as one of our great leaders.
Author: Kevin Musgrave
Publisher: MSU Press
ISBN: 162895471X
Category : Language Arts & Disciplines
Languages : en
Pages : 366
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Book Description
Taking corporate personhood as a starting point, Persons of the Market observes the complex historical entanglement of Christian theology and liberal capitalism to shed new light on their seemingly odd marriage in contemporary American politics. Author Kevin Musgrave highlights the ways that theories of corporate and human personhood have long been and remain bound together by examining four case studies: the U.S. Supreme Court’s 1886 Santa Clara decision, the role of early twentieth-century advertisers in endowing corporations with souls, Justice Lewis Powell Jr.’s eponymous memo of 1971, and the arc of the conservative movement from Ronald Reagan to Donald Trump. Tracing this rhetorical history of the extension and attribution of personhood to the corporate form illustrates how the corporation has for many increasingly become a normative model or ideal to which human persons should aspire. In closing, the book offers preliminary ideas about how we might fashion a more democratic and humane understanding of what it means to be a person.
Author: Donald E. Lively
Publisher: Bloomsbury Publishing USA
ISBN: 0313389969
Category : Law
Languages : en
Pages : 208
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Book Description
Race, as this book demonstrates, has been a factor in the Constitution's framing, ratification, and development. Examined specifically and in detail are: * the accommodation of slavery to create a viable republic; * the Union's experience with and eventual undoing by slavery; * reconstruction of the nation pursuant to seminal principles of racial equality; * persisting efforts to limit or defeat constitutional provisions for equality and opportunity; * the desegregation mandate and its devolution; and * modern problems in accounting for a legacy of racial discrimination and disadvantage. The Constitution is the overarching statement of popular will and consent and thus an especially apt prism through which to discern racial truths and the context and values that influence them. Constitutional law affords a particularly useful departure point for acquiring perspective upon moral reality and legal possibility. This book is rich in its analysis of the Supreme Court's response to society's ambiguities, concerns, and conscience in the matters of race. In examining problems and issues which historically have engendered dispute and division, it suggests a potentially consensual basis of ascertaining the Constitution's still unfinished business. The nation's enduring ambivalence and the price it pays in less than consistent constitutional interpretations on racial questions is both enlightening and disturbing. The questions, of course, are at the heart of a democracy and involve personhood, citizenship, liberty, and equality. The Constitution and Race will be valuable to political scientists, historians, sociologists, lawyers, and students.
Author: Elizabeth Beaumont
Publisher: Oxford University Press
ISBN: 019994007X
Category : Political Science
Languages : en
Pages : 361
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Book Description
The role of the Constitution in American political history is contentious not simply because of battles over meaning. Equally important is precisely who participated in contests over meaning. Was it simply judges, or did legislatures have a strong say? And what about the public's role in effecting constitutional change? In The Civic Constitution, Elizabeth Beaumont focuses on the last category, and traces the efforts of citizens to reinvent constitutional democracy during four crucial eras: the revolutionaries of the 1770s and 1780s; the civic founders of state republics and the national Constitution in the early national period; abolitionists during the antebellum and Civil War eras; and, finally, suffragists of the late nineteenth and early twentieth centuries. Throughout, she argues that these groups should be recognized as founders and co-founders of the U.S. Constitution. Though often slighted in modern constitutional debates, these women and men developed distinctive constitutional creeds and practices, challenged existing laws and social norms, expanded the boundaries of citizenship, and sought to translate promises of liberty, equality, and justice into more robust and concrete forms. Their civic ideals and struggles not only shaped the text, design, and public meaning of the U.S. Constitution, but reconstructed its membership and transformed the fundamental commitments of the American political community. An innovative expansion on the concept of popular constitutionalism, The Civic Constitution is a vital contribution to the growing body of literature on how ordinary people have shaped the parameters of America's fundamental laws.
