"State Action" and the 14th Amendment

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ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis "State Action" and the 14th Amendment by : Virginia. Commission on Constitutional Government

Download or read book "State Action" and the 14th Amendment written by Virginia. Commission on Constitutional Government and published by . This book was released on 1966 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Original Meaning of the Fourteenth Amendment

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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.

No State Shall Abridge

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Publisher : Duke University Press
ISBN 13 : 0822397404
Total Pages : 292 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis No State Shall Abridge by : Michael Kent Curtis

Download or read book No State Shall Abridge written by Michael Kent Curtis and published by Duke University Press. This book was released on 2013-07-22 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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

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.

The Fourteenth Amendment and the States

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Publisher :
ISBN 13 :
Total Pages : 370 pages
Book Rating : 4.A/5 ( 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 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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:

Civil Rights Legislation

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Publisher : MICHIE
ISBN 13 :
Total Pages : 1384 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Civil Rights Legislation by : Theodore Eisenberg

Download or read book Civil Rights Legislation written by Theodore Eisenberg and published by MICHIE. This book was released on 1991 with total page 1384 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Landmark Briefs and Arguments of the Supreme Court of the United States

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Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Landmark Briefs and Arguments of the Supreme Court of the United States by : United States. Supreme Court

Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2014 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Dred Scott Case

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Publisher : Legare Street Press
ISBN 13 : 9781017251265
Total Pages : 0 pages
Book Rating : 4.2/5 (512 download)

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Book Synopsis The Dred Scott Case by : Roger Brooke Taney

Download or read book The Dred Scott Case written by Roger Brooke Taney and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.

Reconstruction

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Publisher : Harper Collins
ISBN 13 : 006203586X
Total Pages : 1025 pages
Book Rating : 4.0/5 (62 download)

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Book Synopsis Reconstruction by : Eric Foner

Download or read book Reconstruction written by Eric Foner and published by Harper Collins. This book was released on 2011-12-13 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the "preeminent historian of Reconstruction" (New York Times Book Review), a newly updated edition of the prize-winning classic work on the post-Civil War period which shaped modern America, with a new introduction from the author. Eric Foner's "masterful treatment of one of the most complex periods of American history" (New Republic) redefined how the post-Civil War period was viewed. Reconstruction chronicles the way in which Americans—black and white—responded to the unprecedented changes unleashed by the war and the end of slavery. It addresses the ways in which the emancipated slaves' quest for economic autonomy and equal citizenship shaped the political agenda of Reconstruction; the remodeling of Southern society and the place of planters, merchants, and small farmers within it; the evolution of racial attitudes and patterns of race relations; and the emergence of a national state possessing vastly expanded authority and committed, for a time, to the principle of equal rights for all Americans. This "smart book of enormous strengths" (Boston Globe) remains the standard work on the wrenching post-Civil War period—an era whose legacy still reverberates in the United States today.

American Founding Son

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Publisher : NYU Press
ISBN 13 : 0814761453
Total Pages : 304 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis American Founding Son by : Gerard N. Magliocca

Download or read book American Founding Son written by Gerard N. Magliocca and published by NYU Press. This book was released on 2013-09-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Original Meaning of the Fourteenth Amendment

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Publisher : Harvard University Press
ISBN 13 : 0674270134
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 Federalist Notable Book “An important contribution to our understanding of the 14th Amendment.” —Wall Street Journal “By any standard an important contribution...A must-read.” —National Review “The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since...The corpus of legal scholarship is richer for it.” —Washington Examiner 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, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses. Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism. The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law.

Government by Judiciary

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Publisher : Studies in Jurisprudence and L
ISBN 13 : 9780865971448
Total Pages : 0 pages
Book Rating : 4.9/5 (714 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 Studies in Jurisprudence and L. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Images of the Citizen and the State

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Publisher : University Press of America
ISBN 13 : 9780761802327
Total Pages : 508 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Images of the Citizen and the State by : Larry W. Beeferman

Download or read book Images of the Citizen and the State written by Larry W. Beeferman and published by University Press of America. This book was released on 1996 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies how the legal system handles the ever-changing lines between public and private power. It covers the paradox that occurs when the Constitution's expansion of one individual's spheres of protection ultimately leads to the contraction of another person's sphere of freedom. In order to exhibit the legal system's reaction to such a paradox, the study describes diverse approaches in course law, doctrine, and theory. It covers premises common to these approaches and their inability to resolve the problem. It confronts and exposes the different views of the citizen-state relationship implicit in those approaches. Finally, the study suggests that continuing to question and investigate perspectives of the citizen-state relationship will offer insight as to how the conduct of private individuals and public officials might properly be governed. Images of the Citizen and the State will appeal to law teachers and scholars as well as those in practice. It is highly appropriate for courses and seminars in constitutional law, civil rights law, jurisprudence, and legal theory.

"State Action" and Private Higher Education

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ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis "State Action" and Private Higher Education by : Thomas Sidney Yow

Download or read book "State Action" and Private Higher Education written by Thomas Sidney Yow and published by . This book was released on 1982 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: