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. |
From inside the book
Results 1-5 of 39
Page
... nineteenth century legal and political theory in general , rather than of the amendment in particular . This led first to an article , " The Impact of the Antislavery Movement upon Styles of Judicial Reasoning in Nineteenth vii.
... nineteenth century legal and political theory in general , rather than of the amendment in particular . This led first to an article , " The Impact of the Antislavery Movement upon Styles of Judicial Reasoning in Nineteenth vii.
Page
From Political Principle to Judicial Doctrine William E. Nelson. the Antislavery Movement upon Styles of Judicial Reasoning in Nineteenth Century America , " published in the 1974 Harvard Law Review , and ultimately to a book , The Roots ...
From Political Principle to Judicial Doctrine William E. Nelson. the Antislavery Movement upon Styles of Judicial Reasoning in Nineteenth Century America , " published in the 1974 Harvard Law Review , and ultimately to a book , The Roots ...
Page 3
... antislavery thought but in proslavery Southern thought as well.26 The most important history of the amendment to read the intentions of its authors and ratifiers narrowly is Raoul Berger's , 27 which also takes the view that section one ...
... antislavery thought but in proslavery Southern thought as well.26 The most important history of the amendment to read the intentions of its authors and ratifiers narrowly is Raoul Berger's , 27 which also takes the view that section one ...
Page 5
... antislavery antecedents of the amendment , and Kaczo- rowski , who has studied the enforcement of the amendment in Southern localities during the decade after its enactment , have looked outside the confines of the congressional ...
... antislavery antecedents of the amendment , and Kaczo- rowski , who has studied the enforcement of the amendment in Southern localities during the decade after its enactment , have looked outside the confines of the congressional ...
Page 9
... antislavery forces to promote their cause of individual freedom . Simultaneously , antislavery advocates utilized concepts of individual rights and equality during the prewar decades . None of this is new to scholars familiar with the ...
... antislavery forces to promote their cause of individual freedom . Simultaneously , antislavery advocates utilized concepts of individual rights and equality during the prewar decades . None of this is new to scholars familiar with the ...
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 |
Other editions - View all
Common terms and phrases
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...