Description
Book Synopsis: A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. 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, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.
Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment.
With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Details
Unlock the true power of the Constitution with "The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit." Delve into a balanced and definitive analysis of the origins and original meaning of this pivotal amendment, expertly crafted by renowned constitutional scholar Randy Barnett and rising star Evan Bernick. Gain a profound understanding of how the Fourteenth Amendment profoundly changed the Constitution, granting Congress and the federal judiciary new powers to safeguard the fundamental rights of individuals against state violations.
Unfortunately, the Supreme Court has long misunderstood or disregarded the original meaning of the amendment's critical clauses. But fear not, as Barnett and Bernick expertly unravel the historical context behind the Fourteenth Amendment. Drawing on antislavery advocates' arguments rooted in natural rights, the Declaration of Independence, and the common law, this book unveils the profound debates that led to the amendment's conception. Public-meaning originalism, a powerful idea utilized by advocates of the time, further strengthens their case.
The Fourteenth Amendment serves as the culmination of these debates and the embodiment of Republican citizenship. It grants Congress the authority to protect fundamental rights and ensure equality before the law, going beyond the mere concept of abolition. Through a meticulous examination of primary sources, "The Original Meaning of the Fourteenth Amendment" demonstrates how the principles of the Declaration eventually influenced and modified the Constitution. Discover workable doctrines, derived from Section 1 of the Fourteenth Amendment, that can effectively implement its core provisions.
Step into the enthralling world of constitutional history and reclaim the true intent of the Fourteenth Amendment. Empower yourself with knowledge and understanding that can shape the future of constitutional interpretation. Experience the transformative power of "The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit." Get your copy today and embark on a journey towards unraveling the hidden truths at the heart of our nation's constitutional framework.
Click here to order "The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit" now!
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