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Author: Randy E. Barnett
Publisher: Harvard University Press
ISBN: 0674257766
Category : Law
Languages : en
Pages : 489
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Book Description
A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. 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, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Author: Randy E. Barnett
Publisher: Harvard University Press
ISBN: 0674257766
Category : Law
Languages : en
Pages : 489
Get Book Here
Book Description
A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. 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, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Author: Ilan Wurman
Publisher: Cambridge University Press
ISBN: 1108843158
Category : History
Languages : en
Pages : 199
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Book Description
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: Gerard N. Magliocca
Publisher: NYU Press
ISBN: 0814761453
Category : History
Languages : en
Pages : 304
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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. Gerard N. Magliocca is the Samuel R. Rosen Professor at Indiana University Robert H. McKinney School of Law. He is the author of three books on constitutional law, and his work on Andrew Jackson was the subject of an hour-long program on C-Span’s Book TV.
Author: William B. Glidden
Publisher: Lexington Books
ISBN: 0739185748
Category : Political Science
Languages : en
Pages : 189
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Book Description
The discrepancy between the fourteenth amendment’s true meaning as originally understood, and the Supreme Court’s interpretation of its meaning over time, has been dramatic and unfortunate. The amendment was intended to be a constitutional rule for the promotion and protection of people’s rights, administered by the states as front-line regulators of life, liberty, and property, to be overseen by Congress and supported by federal legislation as necessary. In this book, William B. Glidden makes the case that instead, the amendment has operated as a judge-dominated, negative rights-against-government regime, supervised by the Supreme Court. Whenever Congress has enacted legislation to protect life, liberty, or property rights of people in the states, the laws were often overturned, narrowly construed, or forced to rely on the power of Congress to regulate interstate commerce, under the Supreme Court’s constraining interpretations. Glidden proposes that Congress must recover for itself or be restored to its proper role as the designated federal enforcement agency for the fourteenth amendment.
Author: Randy E. Barnett
Publisher: University Press of America
ISBN:
Category : Law
Languages : en
Pages : 560
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Book Description
A collection of seminal writings on the history and meaning of the Ninth Amendment, reflecting a diverse cross-section of scholarly opinion. From the Introduction by Randy E. Barnett: I suggest that the failure to find a 'general right of freedom' in the Constitution is connected to a general inabi
Author: Kurt T. Lash
Publisher: Cambridge University Press
ISBN: 1107023262
Category : Law
Languages : en
Pages : 327
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Book Description
This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.
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.
Author: Eric Foner
Publisher: W. W. Norton & Company
ISBN: 0393652580
Category : History
Languages : en
Pages : 228
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Book Description
“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.
Author: Ronald M. Labbé
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
"The rough-and-tumble world of nineteenth-century New Orleans was a sanitation nightmare, with the city's slaughterhouses dumping animal remains into local backwaters. When Louisiana authorized a monopoly slaughterhouse to bring about sanitation reform, hundreds of independent butchers sued, framing their cases as an infringement of rights protected by the recently passed Fourteenth Amendment. The surviving cases that reached the U.S. Supreme Court pitted the butchers' right to labor against the state's "police power" to regulate public health. The result in 1873 was a controversial 5-4 decision that for the first time addressed the meaning and import of the Fourteenth Amendment. While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.
Author: Michael Kent Curtis
Publisher: Duke University Press
ISBN: 9780822310358
Category : Law
Languages : en
Pages : 292
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Book Description
“The book is carefully organized and well written, and it deals with a question that is still of great importance—what is the relationship of the Bill of Rights to the states.”—Journal of American History “Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional scholars, . . . he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A bold, forcefully argued, important study.”—Library Journal
