The Original Meaning of the Fourteenth Amendment

The Original Meaning of the Fourteenth Amendment
Author : Randy E. Barnett
Publisher : Harvard University Press
Total Pages : 489
Release : 2021-11-02
ISBN 10 : 9780674257764
ISBN 13 : 0674257766
Language : EN, FR, DE, ES & NL

The Original Meaning of the Fourteenth Amendment 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.

Related Books:

The Original Meaning of the Fourteenth Amendment
Language: en
Pages: 489
Authors: Randy E. Barnett
Categories: Law
Type: BOOK - Published: 2021-11-02 - Publisher: Harvard University Press

A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment.
Original Meaning Jurisprudence
Language: en
Pages: 196
Authors: United States. Department of Justice. Office of Legal Policy
Categories: Constitutional law
Type: BOOK - Published: 1988 - Publisher:

The Fourteenth Amendment
Language: en
Pages: 284
Authors: William E. Nelson
Categories: Political Science
Type: BOOK - Published: 2009-06-01 - Publisher: Harvard University Press

Discusses the history of the Fourteenth Amendment, considers the intent of its framers and assesses its impact on U.S. history
The Fourteenth Amendment and the Privileges and Immunities of American Citizenship
Language: en
Pages:
Authors: Kurt T. Lash
Categories: Law
Type: BOOK - Published: 2014-04-07 - Publisher: Cambridge University Press

This exhaustively researched book presents the history behind a revolution in American liberty: the 1868 addition of the Privileges or Immunities Clause of the
Congress and the Fourteenth Amendment
Language: en
Pages: 206
Authors: William B. Glidden
Categories: Political Science
Type: BOOK - Published: 2013-08-29 - Publisher: Lexington Books

In Congress and the Fourteenth Amendment, William B. Glidden examines the misuse of the fourteenth amendment.
Confirmation Hearings on Federal Appointments
Language: en
Pages: 1308
Authors: United States. Congress. Senate. Committee on the Judiciary
Categories: Judges
Type: BOOK - Published: 2013 - Publisher:

Living Originalism
Language: en
Pages: 480
Authors: Jack M. Balkin
Categories: Law
Type: BOOK - Published: 2011-11-29 - Publisher: Harvard University Press

Originalism and living constitutionalism, often seen as opposing views, are not in conflict. So argues Jack Balkin, a leading constitutional scholar, in this lo
Freedom and the Rule of Law
Language: en
Pages: 310
Authors: Anthony Arthur Peacock
Categories: Philosophy
Type: BOOK - Published: 2010 - Publisher: Rowman & Littlefield

Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends r
The Flexible Constitution
Language: en
Pages: 237
Authors: Sean Wilson
Categories: Philosophy
Type: BOOK - Published: 2013 - Publisher: Rowman & Littlefield

This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexib
Publications
Language: en
Pages: 628
Authors:
Categories: Constitutional law
Type: BOOK - Published: - Publisher: