Randy Barnett and Evan Bernick return to the primary sources on the origin, drafting and adoption of the Fourteenth Amendment to better understand its original meaning. Arguing that it protected principles of Republican citizenship, fundamental rights and civic equality, they propose workable doctrines for implementing these principles in practice.
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 ...
... 122, 161–62 Lash, Kurt, 247n68, 248n74 Lecompton Constitution, 59–60, 220– 21n180, 222n201 Lee, Robert E., 81, 90, ... 228n68; Custer's position and, 51; elections of, 61, 70–71, 87–88; on Fugitive Slave Act, 67; on Lee's surrender, ...
88 According to Leonard Levy, Miller's opinion is “one of the most tragically wrong opinions ever given by the Court. ... Reconstructing the Privileges or Immunities Clause, 101 Yale L. J. 1385, 1415 (1992); Michael Kent Curtis, ...
See generally William W. Freehling , Prelude to Civil War : The Nullification Controversy in South Carolina , 1816-1836 ( New York : Harper and Row , 1965 ) . For a discussion of the standoff , see id . at 260-297 .
Volume II of The Rights Retained by the People explores how the Ninth Amendment affects the proper way of interpreting the Constitution as a whole. Contributors: Sotirios A. Barber, Michael...
About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work.
“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins ...
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.
134, 334 F. Supp. 373 (M.D. Ala. 1971, 1972), 203, 219–20 Yates v. United States, 355 U.S. 66 (1957), 240n Yick Wo v. Hopkins, 118 U.S. 356 (1886), 109, 113,
Pinette, 515 U.S. 753 (1995) (explaining the doctrine and rationale behind applying strict scrutiny in the public forum). 20. This example is drawn from the discussion by Chief 78 the lost history of the ninth amendment.