The Fourteenth Amendment: From Political Principle to Judicial DoctrineIn a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other. |
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Contents
1 | |
Ideas of Liberty and Equality | 13 |
The Drafting and Adoption of the Amendment | 40 |
The Use of Antebellum Rhetoric in | 64 |
Objections to the Amendment | 91 |
The Republican Rebuttal | 110 |
The Judicial Elaboration of Doctrine | 148 |
Lochner v New York and the Transformation | 197 |
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1st Sess 2d Sess 39th Cong 40th Cong Accord adoption agreed American antebellum Antislavery Origins argued arguments Bartemeyer Bingham blacks Bradley citizens Civil Rights Act Civil Rights Bill color concept Congressional Globe Constitutional Amendment Constitutionalism Daily Legislative Record debates declared Democratic denied doctrine emphasis in original enforcement equal protection equal rights February February 27 Fourteenth Amendment framers framing and ratification fundamental rights guarantee Harvard Law School higher law issue Jacob Howard James Bradley Thayer January January 20 John Sherman Joint Committee judges judicial lawmaking legislature liberty Library of Congress Lyman Trumbull ment Miller negro opinion persons political rights principles privileges and immunities proposed quoted race radical reasonable Reconstruction regulation remarks of Rep rhetoric Richard Yates right to vote secure segregation Senator Sherman Papers Slaughter-House slavery Southern suffrage Supreme Court t]he tenBroek Thaddeus Stevens Trumbull Papers United Washington Wiecek York
Popular passages
Page 32 - That the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
Page 25 - That government can scarcely be deemed to be free where the rights of property are left solely dependent upon the will of a legislative body, without any restraint. The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred.
Page 190 - For, the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.
Page 169 - It may well be doubted if a man is to hold all that he is accustomed to call his own, all in which he has placed his happiness, and the security of which is essential to that happiness, under the unlimited dominion of others, whether it is not wiser that this power should be exercised by one man than by many. "The theory of our governments, state and national, is opposed to the deposit of unlimited power anywhere.
Page 24 - We feel no hesitation in confining these expressions to those privileges and [immunities which are, in their nature, fundamental ; which belong, of right, to the citizens of all free governments...