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Author : William B. Glidden
Publisher : Unknown
Page : 0 pages
File Size : 41,5 Mb
Release : 2013
Category : Civil rights
ISBN : 073918573X
In Congress and the Fourteenth Amendment, William B. Glidden examines the misuse of the fourteenth amendment.
Author : William B. Glidden
Publisher : Lexington Books
Page : 189 pages
File Size : 52,8 Mb
Release : 2013-08-29
Category : Political Science
ISBN : 9780739185742
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.
Author : William D. Araiza
Publisher : NYU Press
Page : 319 pages
File Size : 47,5 Mb
Release : 2015
Category : Law
ISBN : 9781479859702
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.
Author : Randy E. Barnett,Evan D. Bernick
Publisher : Harvard University Press
Page : 489 pages
File Size : 51,6 Mb
Release : 2021-11-02
Category : Law
ISBN : 9780674270138
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.
Author : Judith A. Baer
Publisher : Cornell University Press
Page : 309 pages
File Size : 55,9 Mb
Release : 2018-03-15
Category : Law
ISBN : 9781501722745
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.
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
Publisher : Unknown
Page : 914 pages
File Size : 41,7 Mb
Release : 1966
Category : Civil rights
ISBN : UCR:31210019204831
Author : Horace Edgar Flack
Publisher : Read Books Ltd
Page : 288 pages
File Size : 48,8 Mb
Release : 2013-04-16
Category : Law
ISBN : 9781447496335
This early academic work on the fourteenth amendment is both expensive and hard to find in its first edition. It contains a study on the history of the fourteenth amendment and its appearance before congress. This is a fascinating work and thoroughly recommended for anyone interested in American political history. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
Publisher : Unknown
Page : 154 pages
File Size : 43,9 Mb
Release : 1985
Category : Constitutional amendments
ISBN : STANFORD:36105119543564
Author : Akhil Reed Amar
Publisher : Random House
Page : 672 pages
File Size : 49,6 Mb
Release : 2012-02-29
Category : History
ISBN : 9781588364876
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.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher : Unknown
Page : 840 pages
File Size : 41,8 Mb
Release : 1990
Category : Equal rights amendments
ISBN : UOM:39015019213936
Author : Ilan Wurman
Publisher : Cambridge University Press
Page : 199 pages
File Size : 43,9 Mb
Release : 2020-11-12
Category : History
ISBN : 9781108843157
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.
Author : Horace Edgar Flack
Publisher : Unknown
Page : 298 pages
File Size : 52,7 Mb
Release : 1908
Category : United States
ISBN : STANFORD:36105047490961
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
Publisher : Unknown
Page : 678 pages
File Size : 55,7 Mb
Release : 1982
Category : Busing for school integration
ISBN : LOC:00020998441
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Publisher : Unknown
Page : 1136 pages
File Size : 55,5 Mb
Release : 1982
Category : Abortion
ISBN : PSU:000011545163
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Publisher : Unknown
Page : 64 pages
File Size : 53,7 Mb
Release : 1981
Category : Abortion
ISBN : SRLF:AA0000797225