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The Fourteenth Amendment And The Privileges And Immunities Of American Citizenship
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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.
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 230 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.
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.
Book Synopsis Democracy's Constitution by : John Denvir
Download or read book Democracy's Constitution written by John Denvir and published by University of Illinois Press. This book was released on 2001 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do the unemployment and undereducation of millions of Americans raise issues of constitutional significance? In this provocative reassessment of constitutional intent, John Denvir investigates the "privileges or immunities" of U.S. citizenship and considers how they should be understood in the twenty-first century. He asserts that the Fourteenth Amendment implicitly protects certain social rights essential to liberty and the pursuit of happiness. These privileges of national citizenship, in his view, include the opportunity to earn a decent living, the right to a first-rate education, the right to a voice that is heard, and the right to a vote that counts. Denvir discusses how key U.S. Supreme Court decisions bear on the realization of democracy in America and how a new interpretation of the privileges or immunities clause could give the Constitution a more democratic cast, one more consistent with the basic moral premise of the Declaration of Independence. Advocating reforms in funding for education and campaign financing, as well as large-scale government work programs, he indicates how full implementation of the political rights of free speech and the vote could facilitate the implementation of the social rights to work and education. By uncovering the social rights implicit in the Fourteenth Amendment and the U.S. constitutional tradition, Democracy's Constitution reaffirms the principles that distinguish the United States as a political and legal culture. Its recommendations aim to make the participation of ordinary citizens in their democracy more effective and their pursuit of happiness more feasible.
Book Synopsis The Privileges and Immunities of State Citizenship by : Roger Howell
Download or read book The Privileges and Immunities of State Citizenship written by Roger Howell and published by Baltimore, Md. : Johns Hopkins Press. This book was released on 1918 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
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.
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.
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 586 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies what the Supreme Court of the United States has proclaimed to be the privileges and immunities for United States citizens. Decisions of smaller federal courts have also been examined as far as they add to the Supreme Court.
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.
Book Synopsis Amendment XIV: Citizenship for All by : Jeff Hay
Download or read book Amendment XIV: Citizenship for All written by Jeff Hay and published by Greenhaven Publishing LLC. This book was released on 2008-11-17 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rather than a dry, hard-to-understand reference book on our Constitutional rights, this collection of essays presents a lively discussion of what "citizenship for all" really means. Essay resources include Akhil Reed Amar, James F. Wilson, Priscilla Huang, Horace Gray, Melville Fuller, and Dmitri Vasillaros. Essay topics include slavery, federal despotism, naturalized citizens, undocumented immigrants, and dual citizenship.
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.
Book Synopsis The Fourteenth Amendment And The Bill Of Rights by : Charles Fairman
Download or read book The Fourteenth Amendment And The Bill Of Rights written by Charles Fairman and published by Da Capo Press, Incorporated. This book was released on 1970-10-21 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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:
