The History And Meaning Of The Fourteenth Amendment
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Author |
: Randy E. Barnett |
Publisher |
: Harvard University Press |
Total Pages |
: 489 |
Release |
: 2021-11-02 |
ISBN-10 |
: 9780674257764 |
ISBN-13 |
: 0674257766 |
Rating |
: 4/5 (64 Downloads) |
Synopsis The Original Meaning of the Fourteenth Amendment by : Randy E. Barnett
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 |
: Hermine Herta Meyer |
Publisher |
: |
Total Pages |
: |
Release |
: 1977 |
ISBN-10 |
: OCLC:642103394 |
ISBN-13 |
: |
Rating |
: 4/5 (94 Downloads) |
Synopsis The history and meaning of the fourteenth amendment by : Hermine Herta Meyer
Author |
: Hermine Herta Meyer |
Publisher |
: |
Total Pages |
: 314 |
Release |
: 1977 |
ISBN-10 |
: STANFORD:36105043724819 |
ISBN-13 |
: |
Rating |
: 4/5 (19 Downloads) |
Synopsis The History and Meaning of the Fourteenth Amendment by : Hermine Herta Meyer
Author |
: Ilan Wurman |
Publisher |
: Cambridge University Press |
Total Pages |
: 199 |
Release |
: 2020-11-12 |
ISBN-10 |
: 9781108843157 |
ISBN-13 |
: 1108843158 |
Rating |
: 4/5 (57 Downloads) |
Synopsis The Second Founding by : Ilan Wurman
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 |
Total Pages |
: 304 |
Release |
: 2013-09-06 |
ISBN-10 |
: 9780814761458 |
ISBN-13 |
: 0814761453 |
Rating |
: 4/5 (58 Downloads) |
Synopsis American Founding Son by : Gerard N. Magliocca
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 |
: United States |
Publisher |
: |
Total Pages |
: 66 |
Release |
: 1893 |
ISBN-10 |
: PRNC:32101050870540 |
ISBN-13 |
: |
Rating |
: 4/5 (40 Downloads) |
Synopsis Constitution by : United States
Author |
: Raoul Berger |
Publisher |
: Studies in Jurisprudence and L |
Total Pages |
: 0 |
Release |
: 1997 |
ISBN-10 |
: 0865971447 |
ISBN-13 |
: 9780865971448 |
Rating |
: 4/5 (47 Downloads) |
Synopsis Government by Judiciary by : Raoul Berger
It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Author |
: Eric Foner |
Publisher |
: W. W. Norton & Company |
Total Pages |
: 288 |
Release |
: 2019-09-17 |
ISBN-10 |
: 9780393652581 |
ISBN-13 |
: 0393652580 |
Rating |
: 4/5 (81 Downloads) |
Synopsis The Second Founding: How the Civil War and Reconstruction Remade the Constitution by : Eric Foner
From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time. The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.
Author |
: Jacobus tenBroek |
Publisher |
: Univ of California Press |
Total Pages |
: 238 |
Release |
: 2023-11-10 |
ISBN-10 |
: 9780520344846 |
ISBN-13 |
: 0520344847 |
Rating |
: 4/5 (46 Downloads) |
Synopsis The Antislavery Origins of the Fourteenth Amendment by : Jacobus tenBroek
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Author |
: Kurt T. Lash |
Publisher |
: Cambridge University Press |
Total Pages |
: 327 |
Release |
: 2014-04-07 |
ISBN-10 |
: 9781107023260 |
ISBN-13 |
: 1107023262 |
Rating |
: 4/5 (60 Downloads) |
Synopsis The Fourteenth Amendment and the Privileges and Immunities of American Citizenship by : Kurt T. Lash
This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.