The Second Founding
eBook - PDF

The Second Founding

An Introduction to the Fourteenth Amendment

  1. English
  2. PDF
  3. Available on iOS & Android
eBook - PDF

The Second Founding

An Introduction to the Fourteenth Amendment

Book details
Table of contents
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About This Book

In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law, ' 'equal protection of the laws, ' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. 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 abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law, ' it would lead to surprising and desirable results today.

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Information

Publisher
Cambridge University Press
Year
2020
ISBN
9781108910552
Topic
Law
Subtopic
Law Theory & Practice
Index
Law

Table of contents

  1. Cover
  2. Half-title page
  3. Title page
  4. Copyright page
  5. Dedication
  6. Contents
  7. Acknowledgments
  8. Note on the Cover
  9. Introduction
  10. Part I Antebellum Law
  11. Part II From Abridgment to War and Ratification
  12. Part III The Modern Era
  13. Notes
  14. Index