The Fourteenth Amendment: From Political Principle to Judicial DoctrineHarvard University Press, 2009 M06 1 - 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. |
Contents
The Impasse in Fourteenth Amendment Scholarship | 1 |
Ideas of Liberty and Equality | 13 |
The Drafting and Adoption of the Amendment | 40 |
The Use of Antebellum Rhetoric in | 64 |
Objections to the Amendment | 91 |
The Republican Rebuttal | 110 |
The Judicial Elaboration of Doctrine | 148 |
Lochner v New York and the Transformation | 197 |
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1st Sess 2d Sess 39th Cong 40th Cong Accord adoption agreed American antebellum Antislavery Origins argued arguments Bartemeyer Bingham blacks Bradley citizens Civil Rights Act Civil Rights Bill color concept Congressional Globe Constitutional Amendment Constitutionalism Daily Legislative Record debates declared Democratic denied doctrine emphasis in original enforcement equal protection equal rights February February 27 Fourteenth Amendment framers framing and ratification fundamental rights guarantee Harvard Law School higher law issue Jacob Howard James Bradley Thayer January January 20 John Sherman Joint Committee judges judicial 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