No State Shall Abridge: The Fourteenth Amendment and the Bill of RightsDuke University Press, 22.07.2013 - 288 Seiten “The book is carefully organized and well written, and it deals with a question that is still of great importance—what is the relationship of the Bill of Rights to the states.”—Journal of American History “Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional scholars, . . . he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A bold, forcefully argued, important study.”—Library Journal |
Inhalt
From the Revolution to the Bill of Rights | 18 |
The Framing of the Fourteenth Amendment | 57 |
In Which Some Historical Arguments Against | 70 |
The Amendment Before the States | 131 |
Congressional Interpretation | 154 |
The Amendment Before the Courts Part One | 171 |
The Amendment Before the Courts Part Two | 197 |
Conclusion | 212 |
267 | |
Andere Ausgaben - Alle anzeigen
No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights Michael Kent Curtis Eingeschränkte Leseprobe - 1986 |
Häufige Begriffe und Wortgruppen
1st sess 39th Cong abridge accepted action American antislavery apply argued argument authority believed Berger Bill of Rights Bingham blacks citizenship Civil Rights bill claimed Committee Congress Congressman considered Constitution debates decision Democrats denied deprived designed discussion due process clause enforce entitled equal equal protection Fairman federal Fifth Fourteenth Amendment framers fundamental give Globe guaranties held hereinafter cited House Howard idea immunities clause immunities of citizens included incorporation individual insisted intended interpretation judge Judiciary jury Justice later leading legislation liberty limited meaning ment natural original party pass person political privileges and immunities privileges or immunities proposed protection question Radical Reconstruction referred rejected Republicans result rights of citizens secure seems Senator slavery slaves South southern statements suggested supra note Supreme Court territories thought tion trial Union United violated Wilson