Congress and the Fourteenth Amendment

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Publisher : Lexington Books
ISBN 13 : 0739185748
Total Pages : 189 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Congress and the Fourteenth Amendment by : William B. Glidden

Download or read book Congress and the Fourteenth Amendment written by William B. Glidden and published by Lexington Books. This book was released on 2013-08-29 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Original Meaning of the Fourteenth Amendment

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674257766
Total Pages : 489 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Original Meaning of the Fourteenth Amendment by : Randy E. Barnett

Download or read book The Original Meaning of the Fourteenth Amendment written by Randy E. Barnett and published by Harvard University Press. This book was released on 2021-11-02 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Equality under the Constitution

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Publisher : Cornell University Press
ISBN 13 : 1501722751
Total Pages : 450 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Equality under the Constitution by : Judith A. Baer

Download or read book Equality under the Constitution written by Judith A. Baer and published by Cornell University Press. This book was released on 2018-03-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Fourteenth Amendment

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Publisher : Harvard University Press
ISBN 13 : 9780674041424
Total Pages : 284 pages
Book Rating : 4.0/5 (414 download)

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Book Synopsis The Fourteenth Amendment by : William E. Nelson

Download or read book The Fourteenth Amendment written by William E. Nelson and published by Harvard University Press. This book was released on 2009-06-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Adoption of the Fourteenth Amendment

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Publisher :
ISBN 13 :
Total Pages : 298 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Adoption of the Fourteenth Amendment by : Horace Edgar Flack

Download or read book The Adoption of the Fourteenth Amendment written by Horace Edgar Flack and published by . This book was released on 1908 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Second Founding

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Publisher : Cambridge University Press
ISBN 13 : 1108843158
Total Pages : 199 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Second Founding by : Ilan Wurman

Download or read book The Second Founding written by Ilan Wurman and published by Cambridge University Press. This book was released on 2020-11-12 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United States

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Publisher :
ISBN 13 :
Total Pages : 596 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United States by : Henry Brannon

Download or read book A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United States written by Henry Brannon and published by . This book was released on 1901 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Fourteenth Amendment and the States

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Author :
Publisher :
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.3/5 (555 download)

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Book Synopsis The Fourteenth Amendment and the States by : Charles Wallace Collins

Download or read book The Fourteenth Amendment and the States written by Charles Wallace Collins and published by . This book was released on 1912 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enforcing the Equal Protection Clause

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Publisher : NYU Press
ISBN 13 : 1479859702
Total Pages : 319 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Enforcing the Equal Protection Clause by : William D. Araiza

Download or read book Enforcing the Equal Protection Clause written by William D. Araiza and published by NYU Press. This book was released on 2016 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over a century, Congress’s power to enforce the Fourteenth Amendment’s guarantee of “the equal protection of the laws” has presented judges and scholars with a puzzle. What does it mean for Congress to “enforce” such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress’s enforcement power and its relationship to the Court’s claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court’s equal protection jurisprudence stops short of stating such core meaning, thus leaving Congress free (subject to appropriate judicial checks) to enforce the full scope of the constitutional guarantee. Araiza’s thesis reconciles the Supreme Court’s ultimate role in interpreting the Constitution with Congress’s superior capacity to transform the Fourteenth Amendment’s majestic principles into living reality. The Fourteenth Amendment’s Enforcement Clause raises difficult issues of separation of powers, federalism, and constitutional rights. Araiza illuminates each of these in this scholarly, timely work that is both intellectually rigorous but also accessible to non-specialist readers.

Constitution

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Publisher :
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Constitution by : United States

Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Lectures on the Fourteenth Article of Amendment to the Constitution of the United States

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Author :
Publisher :
ISBN 13 :
Total Pages : 306 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Lectures on the Fourteenth Article of Amendment to the Constitution of the United States by : William Dameron Guthrie

Download or read book Lectures on the Fourteenth Article of Amendment to the Constitution of the United States written by William Dameron Guthrie and published by . This book was released on 1898 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:

America's Constitution

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Publisher : Random House
ISBN 13 : 1588364879
Total Pages : 672 pages
Book Rating : 4.5/5 (883 download)

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Book Synopsis America's Constitution by : Akhil Reed Amar

Download or read book America's Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Government by Judiciary

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Publisher :
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Government by Judiciary by : Raoul Berger

Download or read book Government by Judiciary written by Raoul Berger and published by . This book was released on 1977 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Power of Congress to Enforce the Fourteenth Amendment

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Publisher :
ISBN 13 :
Total Pages : 584 pages
Book Rating : 4.:/5 (19 download)

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Book Synopsis The Power of Congress to Enforce the Fourteenth Amendment by : Wilmer Edmund Moomaw

Download or read book The Power of Congress to Enforce the Fourteenth Amendment written by Wilmer Edmund Moomaw and published by . This book was released on 1970 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Dilemma in the Congressional Power to Enforce the Fourteenth Amendment

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Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Dilemma in the Congressional Power to Enforce the Fourteenth Amendment by : Frederick P. Lewis

Download or read book The Dilemma in the Congressional Power to Enforce the Fourteenth Amendment written by Frederick P. Lewis and published by . This book was released on 1980 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

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Publisher : W. W. Norton & Company
ISBN 13 : 0393652580
Total Pages : 288 pages
Book Rating : 4.3/5 (936 download)

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Book Synopsis The Second Founding: How the Civil War and Reconstruction Remade the Constitution by : Eric Foner

Download or read book The Second Founding: How the Civil War and Reconstruction Remade the Constitution written by Eric Foner and published by W. W. Norton & Company. This book was released on 2019-09-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Framing of the Fourteenth Amendment

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Author :
Publisher : Urbana : University of Illinois Press
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Framing of the Fourteenth Amendment by : Joseph Bliss James

Download or read book The Framing of the Fourteenth Amendment written by Joseph Bliss James and published by Urbana : University of Illinois Press. This book was released on 1956 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: