Download or read book Equal Citizenship Civil Rights and the Constitution written by Christopher Green and published by Routledge. This book was released on 2015-11-19 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.
Download or read book Belonging to America written by Kenneth L. Karst and published by . This book was released on 1991-01-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of equality in the American system is explored through individual discussions of race, sex, religion, ethnic background asking the question who belongs?
Download or read book The Original Meaning of the Fourteenth Amendment written by Randy E. Barnett and published by Harvard University Press. This book was released on 2021-11-02 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Democracy Reborn written by Garrett Epps and published by Macmillan + ORM. This book was released on 2013-07-30 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: A riveting narrative of the adoption of the Fourteenth Amendment, an act which revolutionized the U.S. constitution and shaped the nation's destiny in the wake of the Civil War Though the end of the Civil War and Lincoln's Emancipation Proclamation inspired optimism for a new, happier reality for blacks, in truth the battle for equal rights was just beginning. Andrew Johnson, Lincoln's successor, argued that the federal government could not abolish slavery. In Johnson's America, there would be no black voting, no civil rights for blacks. When a handful of men and women rose to challenge Johnson, the stage was set for a bruising constitutional battle. Garrett Epps, a novelist and constitutional scholar, takes the reader inside the halls of the Thirty-ninth Congress to witness the dramatic story of the Fourteenth Amendment's creation. At the book's center are a cast of characters every bit as fascinating as the Founding Fathers. Thaddeus Stevens, Charles Sumner, Frederick Douglass, Susan B. Anthony, among others, understood that only with the votes of freed blacks could the American Republic be saved. Democracy Reborn offers an engrossing account of a definitive turning point in our nation's history and the significant legislation that reclaimed the democratic ideal of equal rights for all U.S. citizens.
Download or read book Civil Rights and Equality written by Leonard Williams Levy and published by Simon & Schuster Books For Young Readers. This book was released on 1989 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book America s Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Download or read book Citizenship and Its Exclusions written by Ediberto Román and published by NYU Press. This book was released on 2010-05-31 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion is one of the most powerful forces running through human history, and although often presented as a force for good, its impact is frequntly violent and divisive. This provocative work brings together cutting-edge research from both evolutionary and cognitive psychology to help readers understand the psychological structure of religious violence. These insights are applied to both Judaism and Christianity, and their texts, to illustrate how our evolved mind shapes religious beliefs and influences human events. Contrary to the popular belief that religious violence is a corruption of true religion, carried out by individuals who twist its teachings, Teehan argues that religious violence is in fact grounded in the moral psychology of religion. This controversial argument is illustrated with reference to the 9/11 terrorist attacks, and the response to the attacks from both the terrorists and the President. In the Name of God represents a fundamentally new approach to the analysis of religion. By applying evolutionary psychology, we can gain a fresh perspective on religious texts, and a better understanding of their contradictions and complexities, essential to combating religious violence and promoting a mora moral society. "A timely interrogation of our citizenship tropes. Roman passionately demonstrates that the promise of citizenship has consistently fallen short on both historical and contemporary landscapes. Far from a warrant of inclusion and equality, citizenship has more often been used as cover for caste and subordination. Roman looks to bring citizenship's lofty aspirations to an authentic attainment."---Peter J. Spiro, author of Beyond Citizenship: American Identity after Globalization "At a time when members of Congress hector President Obama in a televised address on the issue of citizenship and health care, and when know-nothing restrictionists dominate talk radio and cable news, this is a refreshing, thoughtful, and timely work. Roman has broadened his traditional work on Puerto Rico and the American colonies to examine carefully the literal and symbolic meanings of U.S. citizenship. His incisive unbundling of `the construct of citizenship' and the consequences of variegated membership is foundational work that will be widely cited, if not always by judges then surely by a wide array of immigration and other Constitutional scholars."---Michael A. Olivas, author of "Colored Men" and "Hombres Aquis": Hernandez v. Texas and the Emergence of Mexican American Lawyering "A rich and impassioned exploration of the persistence of second-class citizenship in the United States. Roman vividly portrays the injustices concealed by our discourse of equal citizenship."---Gerald Neuman, J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, Harvad Law School
Download or read book Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents written by Margaret Mikyung Lee and published by DIANE Publishing. This book was released on 2011 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Citizenship Clause of the 14th Amendment of the U.S. Constitution and in the Immigration and Nationality Act (INA), that a person who is born in the U.S., is a citizen of the U.S. regardless of the race, ethnicity, or alienage of the parents. Some congressional Members have supported a revision of the Citizenship Clause or at least holding hearings for a serious consideration of it. Contents of this report: (1) Intro.; (2) Historical Development: Jus Soli Doctrine Before the 14th Amend.; The 14th Amend. and the Civil Rights Act of 1866; U.S. v. Wong Kim Ark and Elk v. Wilkins; (3) Legislative Proposals.
Download or read book Law s Promise Law s Expression written by Kenneth L. Karst and published by Yale University Press. This book was released on 1993-01-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this text, a constitutional law scholar argues that most of the social issues agenda for law violates the constitutional principle of equal citizenship. The conservative social issues agenda is targeted at voters who have felt left out by other civil rights movements.
Download or read book Civil Rights 1959 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1959 with total page 1426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (86) S. 435, (86) S. 456, (86) S. 499, (86) S. 810, (86) S. 957, (86) S. 958, (86) S. 959, (86) S. 960, (86) S. 1084, (86) S. 1199, (86) S. 1277, (86) S. 1848, (86) S. 1998, (86) S. 2001, (86) S. 2002, (86) S. 2003, (86) S. 2041.
Download or read book The People s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Download or read book Civil Rights in the Shadow of Slavery written by George Rutherglen and published by Oxford University Press. This book was released on 2013-01-17 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author begins with the birth of civil rights - the circumstances, acts and legacy of the 39th Congress, constitutional origins, passage and structure of the Act, moves through the Fourteenth Amendment and into restrictive interpretations and quiescent years, and finishes with a chapter on discerning the future from the past and the contemporary significance of the Act.
Download or read book American Founding Son written by Gerard N. Magliocca and published by NYU Press. This book was released on 2013-09-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union’s policy towards the occupied ex-Confederate States, with consequences that still haunt our politics. American Founding Son provides the most complete portrait yet of this remarkable statesman. Drawing on his personal letters and speeches, the book traces Bingham’s life from his humble roots in Pennsylvania through his career as a leader of the Republican Party. Gerard N. Magliocca argues that Bingham and his congressional colleagues transformed the Constitution that the Founding Fathers created, and did so with the same ingenuity that their forbears used to create a more perfect union in the 1780s. In this book, Magliocca restores Bingham to his rightful place as one of our great leaders. Gerard N. Magliocca is the Samuel R. Rosen Professor at Indiana University Robert H. McKinney School of Law. He is the author of three books on constitutional law, and his work on Andrew Jackson was the subject of an hour-long program on C-Span’s Book TV.
Download or read book The Second Founding written by Ilan Wurman and published by Cambridge University Press. This book was released on 2020-11-12 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Civil Rights the Constitution and Congress 1863 1869 written by Earl M. Maltz and published by . This book was released on 1990 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a close analysis of legislative proceedings and of the precise language used, Maltz builds a strong case that Congressional actions on civil rights, including statutes such as the Freedman's Bureau Bill, the District of Columbia Suffrage Bill, and the Civil Rights Act of 1866, as well as the thirteenth, fourteenth, and fifteenth amendments of the early Reconstruction era generally reflected the ideology and intentions of the more conservative Republicans. These "moderates" advocated limited absolute equality rather than total racial equality and opposed the undue federal regulation of private and state actions.
Download or read book No Constitutional Right to Be Ladies written by Linda K. Kerber and published by Macmillan. This book was released on 1999-09 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this landmark book, the historian Linda K. Kerber opens up this important and neglected subject for the first time. She begins during the Revolution, when married women did not have the same obligation as their husbands to be "patriots," and ends in the present, when men and women still have different obligations to serve in the armed forces.
Download or read book A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United States written by Henry Brannon and published by . This book was released on 1901 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:
