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Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter examines the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment in order to determine what stance federal courts should take toward state laws. The ... More


INDIVIDUAL OR COLLECTIVE RIGHT: THE FOURTEENTH AMENDMENT AND THE ORIGINS OF THE MODERN GUN DEBATE

Saul Cornell

in A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.003.0007
Subject:
History, American History: early to 18th Century

This chapter focuses on the impact of the Civil War on the Second Amendment. Topics covered include the right to bear arms in the Reconstruction South, the Fourteenth Amendment, the rise and fall of ... More


Slavery and the Impact of the Fourteenth Amendment

Kurt T. Lash

in The Lost History of the Ninth Amendment

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195372618
eISBN:
9780199871742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372618.003.08
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the use of the Ninth Amendment in the years preceding the Civil War and the potential impact of the Reconstruction Amendments, particularly the Fourteenth Amendment. It seeks ... More


Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the conception of rights held by the people who wrote and adopted the original Constitution and also by those who wrote and adopted the Fourteenth Amendment. If the framers held ... More


RECONSTRUCTION AND ANNEXATION: Suffragists in Washington, D.C., and Santo Domingo, 1870–1875

Allison L. Sneider

in Suffragists in an Imperial Age: U.S. Expansion and the Woman Question, 1870–1929

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195321166
eISBN:
9780199869725
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195321166.003.0002
Subject:
History, American History: 19th Century, American History: 20th Century

This chapter traces suffragists' engagement with the Republican effort to annex Santo Domingo to the United States in the 1870s during national Reconstruction after the Civil War. This investigation ... More


How Constitutional Rights Limit Governmental Power

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.004
Subject:
Law, Constitutional and Administrative Law

Chapter 3 demonstrated that as a matter of text and history, the Bill of Rights and the Fourteenth Amendment do not create the system of individual autonomy and entitlements that much modern, ... More


A Fresh Start: Veto Players, Win Sets, and Constitutional Moments

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0003
Subject:
Political Science, Comparative Politics, UK Politics

Veto players and win sets in a pluralitarian democracy, compared to those in a proportional regime; and in a unitary compared to a federal regime. Duverger's Law. Constitutional moments in the United ... More


Equality

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0006
Subject:
Political Science, American Politics

This chapter examines the myriad shadings of the concept of equality. The author discusses the origins and philosophical underpinnings of the phrase, “all men are created equal,” Immanuel Kant's ... More


Gender, Protection, and the Courts, 1895–1907

Nancy Woloch

in A Class by Herself: Protective Laws for Women Workers, 1890s-1990s

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691002590
eISBN:
9781400866366
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691002590.003.0003
Subject:
History, American History: 20th Century

This chapter discusses how the courts shaped protective policy from the 1890s to 1907. During this period, state and federal courts began a legal conversation about state protective laws. In court, ... More


The Presumption of Liberty: Protecting Rights without Listing Them

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines how a Presumption of Liberty can protect the unenumerable rights retained by the people by shifting the background interpretive presumption of constitutionality whenever ... More


A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America

Saul Cornell

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195147865
eISBN:
9780199788644
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147865.001.0001
Subject:
History, American History: early to 18th Century

Americans are deeply divided over the Second Amendment. Some assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to ... More


Interrogation Standards of the Fifth and Fourteenth Amendments Applied to Both Citizens and Noncitizens

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0005
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Why should constitutional protections be extended to any noncitizen in the first place? Some argue that any alien (legal or illegal) residing in the United States is entitled to full constitutional ... More


The High Tide of Reconstruction: The Fourteenth Amendment and Later Legislation

George Rutherglen

in Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199739707
eISBN:
9780199979363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199739707.003.0004
Subject:
Law, Legal History, Human Rights and Immigration

The 1866 Act led directly to adoption of the Fourteenth Amendment and provided the template for section 1 of that amendment, with its famous clauses granting citizenship, protecting privileges and ... More


The Lawmakers

Christopher W. Schmidt

in The Sit-Ins: Protest and Legal Change in the Civil Rights Era

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226522302
eISBN:
9780226522586
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226522586.003.0007
Subject:
Political Science, American Politics

This chapter centers on the people who crafted, debated, and made into law the Civil Rights Act of 1964. Of the various provisions in this landmark legislation, none was recognized as more important ... More


Federalism and Subsidiarity: Perspectives from U.S. Constitutional Law

Steven G. Calabresi and Lucy D. Bickford

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0005
Subject:
Political Science, Political Theory

This chapter examines the relationship between federalism and subsidiarity within the context of U.S. constitutional law. It begins with an overview of the Economics of Federalism and of subsidiarity ... More


Restoring the Lost Constitution: The Presumption of Liberty

Randy E. Barnett

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.001.0001
Subject:
Law, Constitutional and Administrative Law

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book argues that since the nation's founding, but especially ... More


Why Care What the Constitution Says?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the ... More


The Morality of American Law

Elizabeth Price Foley

in Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300109832
eISBN:
9780300134995
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300109832.003.0002
Subject:
History, Social History

American law is underlain by a morality designed to minimize conflicts between individual privacy and public morality. In order to strike a balance between these competing forces, the structure of ... More


Debating the Fourteenth Amendment: The Promise and Perils of Using Congressional Sources

Daniel W. Hamilton

in Making Legal History: Essays in Honor of William E. Nelson

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814725269
eISBN:
9780814708286
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814725269.003.0004
Subject:
Law, Legal History

This chapter examines the historically and constitutionally crucial question of the congressional understanding of the Fourteenth Amendment. Using William E. Nelson's book The Fourteenth Amendment as ... More


The Birth of Civil Rights: The Circumstances, Acts, and Legacy of the 39th Congress

George Rutherglen

in Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199739707
eISBN:
9780199979363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199739707.003.0001
Subject:
Law, Legal History, Human Rights and Immigration

The The Civil Rights Act of 1866 was passed in the chaotic aftermath of the Civil War, addressing the pressing question of the status of the newly freed slaves—one that had not been resolved for all ... More


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