The Constitutional Rights, Privileges, and Immunities of the American People

Download The Constitutional Rights, Privileges, and Immunities of the American People PDF Online Free

Author :
Publisher : iUniverse
ISBN 13 : 9781440125904
Total Pages : pages
Book Rating : 4.1/5 (259 download)

DOWNLOAD NOW!


Book Synopsis The Constitutional Rights, Privileges, and Immunities of the American People by : Arnold T. Guminski

Download or read book The Constitutional Rights, Privileges, and Immunities of the American People written by Arnold T. Guminski and published by iUniverse. This book was released on 2009-05-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Constitutional Rights, Privileges, and Immunities of the American People" explores the idea that the Supreme Court should radically revise its general theory of constitutional rights and discusses various aspects of some special theories of constitutional rights in order to ensure a sufficient universe of discourse. As a former deputy district attorney for Los Angeles County, Guminski gained a wealth of experience in preparing arguments for appellate courts. Based on his experience and careful research, he proposes a persuasive theory that explains why some but not all rights secured against infringement by the United States are also secured against infringement by the states by both the privileges or immunities and the due process clauses of the fourteenth amendment, adopted in 1868. He examines whether national citizenship before the Civil War was paramount and superior, addresses the procedural and substantive aspects of the due process clause, and recites the reasons supporting his general theory. In presenting the essentials of his theory about how the Constitution should be judicially construed, Guminski thereby encourages other citizens to express their own opinions about constitutional law with the hope that these views may one day have an impact on the way the Supreme Court interprets the Constitution.

Privileges and Immunities

Download Privileges and Immunities PDF Online Free

Author :
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313052638
Total Pages : 192 pages
Book Rating : 4.3/5 (13 download)

DOWNLOAD NOW!


Book Synopsis Privileges and Immunities by : David S. Bogen

Download or read book Privileges and Immunities written by David S. Bogen and published by Bloomsbury Publishing USA. This book was released on 2003-04-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens. Of course, the history, interpretation, and rulings on Article IV and the Fourteenth Amendment are much more nuanced and controversial. Bogen details the origins and development of the concept of privileges and immunities, and provides an in-depth analysis of the symbiotic relationship between Article IV and the Fourteenth Amendment, detailing the current understanding of the clauses as reflected in the decisions of the Supreme Court. The author concludes by arguing that the tension between the Framers' intent to protect fundamental human rights and the Court's current confused and inappropriate use of rights language may be resolved by applying customary international human rights to the states. An extensive bibliographic essay and a table of cases are provided to guide further reading on the topic.

The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

Download The Fourteenth Amendment and the Privileges and Immunities of American Citizenship PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1107023262
Total Pages : 327 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!


Book Synopsis The Fourteenth Amendment and the Privileges and Immunities of American Citizenship by : Kurt T. Lash

Download or read book The Fourteenth Amendment and the Privileges and Immunities of American Citizenship written by Kurt T. Lash and published by Cambridge University Press. This book was released on 2014-04-07 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.

The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

Download The Fourteenth Amendment and the Privileges and Immunities of American Citizenship PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 113986758X
Total Pages : 327 pages
Book Rating : 4.1/5 (398 download)

DOWNLOAD NOW!


Book Synopsis The Fourteenth Amendment and the Privileges and Immunities of American Citizenship by : Kurt T. Lash

Download or read book The Fourteenth Amendment and the Privileges and Immunities of American Citizenship written by Kurt T. Lash and published by Cambridge University Press. This book was released on 2014-04-07 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exhaustively researched book presents the history behind a revolution in American liberty: the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment. It follows the evolution in public understanding of 'the privileges and immunities of citizens of the United States', from the early years of the Constitution to the election of 1866. For 92 years nothing in the American Constitution prevented states from abridging freedom of speech, prohibiting the free exercise of religion, or denying the right of peaceful assembly. The suppression of freedom in the southern states convinced the Reconstruction Congress and supporters of the Union to add an amendment forcing the states to respect the rights announced in the first eight amendments. But rather than eradicate state autonomy, the people embraced the Fourteenth Amendment that expanded the protections of the Bill of Rights and preserved the Constitution's original commitment to federalism and the principle of limited national power.

The Original Meaning of the Fourteenth Amendment

Download The Original Meaning of the Fourteenth Amendment PDF Online Free

Author :
Publisher : Harvard University Press
ISBN 13 : 0674270134
Total Pages : 489 pages
Book Rating : 4.6/5 (742 download)

DOWNLOAD NOW!


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.

Equal Citizenship, Civil Rights, and the Constitution

Download Equal Citizenship, Civil Rights, and the Constitution PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 1317539397
Total Pages : 272 pages
Book Rating : 4.3/5 (175 download)

DOWNLOAD NOW!


Book Synopsis Equal Citizenship, Civil Rights, and the Constitution by : Christopher Green

Download or read book Equal Citizenship, Civil Rights, and the Constitution written by Christopher Green and published by Routledge. This book was released on 2015-11-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

Privileges and Immunities of Citizens of the United States

Download Privileges and Immunities of Citizens of the United States PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.M/5 ( download)

DOWNLOAD NOW!


Book Synopsis Privileges and Immunities of Citizens of the United States by : Arnold Johnson Lien

Download or read book Privileges and Immunities of Citizens of the United States written by Arnold Johnson Lien and published by . This book was released on 1913 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Citizenship as Foundation of Rights

Download Citizenship as Foundation of Rights PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1316849090
Total Pages : 245 pages
Book Rating : 4.3/5 (168 download)

DOWNLOAD NOW!


Book Synopsis Citizenship as Foundation of Rights by : Richard Sobel

Download or read book Citizenship as Foundation of Rights written by Richard Sobel and published by Cambridge University Press. This book was released on 2016-10-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship as Foundation of Rights explores the nature and meaning of American citizenship and the rights flowing from citizenship in the context of current debates around politics, including immigration. The book explains the sources of citizenship rights in the Constitution and focuses on three key citizenship rights - the right to vote, the right to employment, and the right to travel in the US. It explains why those rights are fundamental and how national identification systems and ID requirements to vote, work and travel undermine the fundamental citizen rights. Richard Sobel analyzes how protecting citizens' rights preserves them for future generations of citizens and aspiring citizens here. No other book offers such a clarification of fundamental citizen rights and explains how ID schemes contradict and undermine the constitutional rights of American citizenship.

The Color-Blind Constitution

Download The Color-Blind Constitution PDF Online Free

Author :
Publisher : Harvard University Press
ISBN 13 : 9780674039803
Total Pages : 322 pages
Book Rating : 4.0/5 (398 download)

DOWNLOAD NOW!


Book Synopsis The Color-Blind Constitution by : Andrew Kull

Download or read book The Color-Blind Constitution written by Andrew Kull and published by Harvard University Press. This book was released on 2009-07 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1840 to 1960 the profoundest claim of Americans who fought the institution of segregation was that the government had no business sorting citizens by the color of their skin. During these years the moral and political attractiveness of the antidiscrimination principle made it the ultimate legal objective of the American civil rights movement. Yet, in the contemporary debate over the politics and constitutional law of race, the vital theme of antidiscrimination has been largely suppressed. Thus a strong line of argument laying down one theoretical basis for the constitutional protection of civil rights has been lost. Andrew Kull provides us with the previously unwritten history of the color-blind idea. From the arguments of Wendell Phillips and the Garrisonian abolitionists, through the framing of the Fourteenth Amendment and Justice Harlan's famous dissent in Plessy, civil rights advocates have consistently attempted to locate the antidiscrimination principle in the Constitution. The real alternative, embraced by the Supreme Court in 1896, was a constitutional guarantee of reasonable classification. The government, it said, had the power to classify persons by race so long as it acted reasonably; the judiciary would decide what was reasonable. In our own time, in Brown v. Board of Education and the decisions that followed, the Court nearly avowed the rule of color blindness that civil rights lawyers continued to assert; instead, it veered off for political and tactical reasons, deciding racial cases without stating constitutional principle. The impoverishment of the antidiscrimination theme in the Court's decision prefigured the affirmative action shift in the civil rights agenda. The social upheaval of the 1960s put the color-blind Constitution out of reach for a quartercentury or more; but for the hard choices still to be made in racial policy, the colorblind tradition of civil rights retains both historical and practical significance.

Privileges and Immunities of Citizens of the United States

Download Privileges and Immunities of Citizens of the United States PDF Online Free

Author :
Publisher :
ISBN 13 : 9781410200600
Total Pages : 0 pages
Book Rating : 4.2/5 (6 download)

DOWNLOAD NOW!


Book Synopsis Privileges and Immunities of Citizens of the United States by : Arnold Johnson-Lien

Download or read book Privileges and Immunities of Citizens of the United States written by Arnold Johnson-Lien and published by . This book was released on 2002-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Dred Scott Decision

Download The Dred Scott Decision PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 214 pages
Book Rating : 4./5 ( download)

DOWNLOAD NOW!


Book Synopsis The Dred Scott Decision by : Stanley I. Kutler

Download or read book The Dred Scott Decision written by Stanley I. Kutler and published by . This book was released on 1967 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Concurring Opinion

Download Concurring Opinion PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 174 pages
Book Rating : 4.3/5 (91 download)

DOWNLOAD NOW!


Book Synopsis Concurring Opinion by : Arnold Johnson Lien

Download or read book Concurring Opinion written by Arnold Johnson Lien and published by . This book was released on 1957 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Founding Son

Download American Founding Son PDF Online Free

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

DOWNLOAD NOW!


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.

America's Constitution

Download America's Constitution PDF Online Free

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

DOWNLOAD NOW!


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 Heritage Guide to the Constitution

Download The Heritage Guide to the Constitution PDF Online Free

Author :
Publisher : Simon and Schuster
ISBN 13 : 1621573524
Total Pages : 500 pages
Book Rating : 4.6/5 (215 download)

DOWNLOAD NOW!


Book Synopsis The Heritage Guide to the Constitution by : David F. Forte

Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

United States Code

Download United States Code PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 1508 pages
Book Rating : 4.3/5 (121 download)

DOWNLOAD NOW!


Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 1952 with total page 1508 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Employer and Employed

Download Employer and Employed PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.A/5 ( download)

DOWNLOAD NOW!


Book Synopsis Employer and Employed by :

Download or read book Employer and Employed written by and published by . This book was released on 1892 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: