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The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit
Randy E. Barnett, Evan D. Bernick, James Oakes
Page: 488
Format: pdf, ePub, mobi, fb2
ISBN: 9780674295537
Publisher: Harvard University Press

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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.

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The Original Meaning of the Fourteenth Amendment: Its
His book, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021), with Randy E. Barnett, was published by Harvard University Press under 
The 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 
The Original Meaning of the Fourteenth Amendment
With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to 
The Original Meaning of the Fourteenth Amendment
The Letter and Spirit of the Fourteenth Amendment. 1 ; The Privileges or Immunities of Citizenship Clause. 39 ; The Due Process of Law Clause. 259.
Another Original Meaning of the Fourteenth Amendment –
Dec 14, 2021 —
The Original Meaning of the Fourteenth Amendment
With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to 
The Original Meaning of the Fourteenth Amendment: Its
Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental