The Fourteenth Amendment: From Political Principle to Judicial DoctrineHarvard University Press, 1 juin 2009 - 253 pages In 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. |
Table des matières
The Impasse in Fourteenth Amendment Scholarship | 1 |
Ideas of Liberty and Equality in Antebellum America | 13 |
The Drafting and Adoption of the Amendment | 40 |
The Use of Antebellum Rhetoric in the Amendment Debates | 64 |
Objections to the Amendment | 91 |
The Republican Rebuttal | 110 |
The Judicial Elaboration of Doctrine | 148 |
Lochner v New York and the Transformation of the Amendment | 197 |
Notes | 203 |
| 249 | |
Autres éditions - Tout afficher
The Fourteenth Amendment: From Political Principle to Judicial Doctrine William E. Nelson Affichage d'extraits - 1988 |
The Fourteenth Amendment: From Political Principle to Judicial Doctrine William E. Nelson Affichage d'extraits - 1988 |
Expressions et termes fréquents
1st Sess 2d Sess 39th Cong 40th Cong Accord adoption agreed American Andrew Johnson antebellum Antislavery Origins argued arguments Bartemeyer Bingham blacks Bradley Charles Sumner citizens Civil Rights Act Civil Rights Bill color concept Congressional Globe Constitutional Amendment Constitutionalism Daily Legislative Record debates declared Democratic denied doctrine Edgar Cowan emphasis in original enforcement equal protection equal rights February February 27 Fourteenth Amendment framers framing and ratification fundamental rights guarantee higher law issue Jacob Howard January January 20 John Sherman Joint Committee judges judicial Justice 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