The Constitutional Rights Privileges And Immunities Of The American People
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The Constitutional Rights Privileges And Immunities Of The American People
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Author : Arnold T. Guminski
language : en
Publisher: iUniverse
Release Date : 2009-05-06
The Constitutional Rights Privileges And Immunities Of The American People written by Arnold T. Guminski and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-06 with Law categories.
"The Constitutional Rights, Privileges, and Immunities of the American People" explores the idea that the Supreme Court should radically revise its general theory of constitutional rights and discusses various aspects of some special theories of constitutional rights in order to ensure a sufficient universe of discourse. As a former deputy district attorney for Los Angeles County, Guminski gained a wealth of experience in preparing arguments for appellate courts. Based on his experience and careful research, he proposes a persuasive theory that explains why some but not all rights secured against infringement by the United States are also secured against infringement by the states by both the privileges or immunities and the due process clauses of the fourteenth amendment, adopted in 1868. He examines whether national citizenship before the Civil War was paramount and superior, addresses the procedural and substantive aspects of the due process clause, and recites the reasons supporting his general theory. In presenting the essentials of his theory about how the Constitution should be judicially construed, Guminski thereby encourages other citizens to express their own opinions about constitutional law with the hope that these views may one day have an impact on the way the Supreme Court interprets the Constitution.
Privileges And Immunities
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Author : David S. Bogen
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2003-04-30
Privileges And Immunities written by David S. Bogen and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-30 with Law categories.
The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens. Of course, the history, interpretation, and rulings on Article IV and the Fourteenth Amendment are much more nuanced and controversial. Bogen details the origins and development of the concept of privileges and immunities, and provides an in-depth analysis of the symbiotic relationship between Article IV and the Fourteenth Amendment, detailing the current understanding of the clauses as reflected in the decisions of the Supreme Court. The author concludes by arguing that the tension between the Framers' intent to protect fundamental human rights and the Court's current confused and inappropriate use of rights language may be resolved by applying customary international human rights to the states. An extensive bibliographic essay and a table of cases are provided to guide further reading on the topic.
Equal Citizenship Civil Rights And The Constitution
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Author : Christopher Green
language : en
Publisher: Routledge
Release Date : 2015-11-19
Equal Citizenship Civil Rights And The Constitution written by Christopher Green and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-19 with Law categories.
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.
The Fourteenth Amendment And The Privileges And Immunities Of American Citizenship
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Author : Kurt T. Lash
language : en
Publisher:
Release Date : 2014-05-14
The Fourteenth Amendment And The Privileges And Immunities Of American Citizenship written by Kurt T. Lash and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Civil rights categories.
This book presents the history behind a revolution in American liberty: the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment. This exhaustively researched book follows the evolution in public understanding of the privileges and immunities of citizens of the United States, from the early years of the Constitution to the critical national election of 1866. For the first 92 years of our nation's history, nothing in the American Constitution prevented states from abridging freedom of speech, prohibiting the free exercise of religion, or denying the right of peaceful assembly. The suppression of freedom in the southern states convinced the Reconstruction Congress and the supporters of the Union to add an amendment forcing the states to respect the rights announced in the first eight amendments. But rather than eradicate state autonomy altogether, the people embraced the Fourteenth Amendment that expanded the protections of the Bill of Rights and preserved the Constitution's original commitment to federalism and the principle of limited national power."
The Constitutional Rights Privileges And Immunities Of The American People
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Author : Arnold T. Guminski
language : en
Publisher: iUniverse
Release Date : 2009
The Constitutional Rights Privileges And Immunities Of The American People written by Arnold T. Guminski and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Civil rights categories.
The Constitutional Rights, Privileges, and Immunities of the American People explores the idea that the Supreme Court should radically revise its general theory of constitutional rights and discusses various aspects of some special theories of constitutional rights in order to ensure a sufficient universe of discourse. As a former deputy district attorney for Los Angeles County, Guminski gained a wealth of experience in preparing arguments for appellate courts. Based on his experience and careful research, he proposes a persuasive theory that explains why some but not all rights secured against infringement by the United States are also secured against infringement by the states by both the privileges or immunities and the due process clauses of the fourteenth amendment, adopted in 1868. He examines whether national citizenship before the Civil War was paramount and superior, addresses the procedural and substantive aspects of the due process clause, and recites the reasons supporting his general theory. In presenting the essentials of his theory about how the Constitution should be judicially construed, Guminski thereby encourages other citizens to express their own opinions about constitutional law with the hope that these views may one day have an impact on the way the Supreme Court interprets the Constitution.
The Original Meaning Of The Fourteenth Amendment
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Author : Randy E. Barnett
language : en
Publisher: Harvard University Press
Release Date : 2021-11-02
The Original Meaning Of The Fourteenth Amendment written by Randy E. Barnett and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-02 with Law categories.
A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. 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, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Privileges And Immunities
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Author : David S. Bogen
language : en
Publisher: Greenwood Publishing Group
Release Date : 2003-04-30
Privileges And Immunities written by David S. Bogen and has been published by Greenwood Publishing Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-30 with Law categories.
The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens. Of course, the history, interpretation, and rulings on Article IV and the Fourteenth Amendment are much more nuanced and controversial. Bogen details the origins and development of the concept of privileges and immunities, and provides an in-depth analysis of the symbiotic relationship between Article IV and the Fourteenth Amendment, detailing the current understanding of the clauses as reflected in the decisions of the Supreme Court. The author concludes by arguing that the tension between the Framers' intent to protect fundamental human rights and the Court's current confused and inappropriate use of rights language may be resolved by applying customary international human rights to the states. An extensive bibliographic essay and a table of cases are provided to guide further reading on the topic.
Privileges And Immunities Of Citizens Of The United States
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Author : Arnold Johnson Lien
language : en
Publisher:
Release Date : 1913
Privileges And Immunities Of Citizens Of The United States written by Arnold Johnson Lien and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1913 with Citizenship categories.
Studies what the Supreme Court of the United States has proclaimed to be the privileges and immunities for United States citizens. Decisions of smaller federal courts have also been examined as far as they add to the Supreme Court.
By And For The People
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Author : Kermit L. Hall
language : en
Publisher:
Release Date : 1991
By And For The People written by Kermit L. Hall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Civil rights categories.
A joint publication venture with the Organization of American Historians. Eleven original essays (commissioned by the OAH Ad Hoc Committee on the bicentennial of the Bill of Rights) address the historical background and the increasing importance of the various protections embodied in the Constitution and Bill of Rights.
The Fourteenth Amendment And The Privileges And Immunities Of American Citizenship
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Author : Kurt T. Lash
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-07
The Fourteenth Amendment And The Privileges And Immunities Of American Citizenship written by Kurt T. Lash and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-07 with Law categories.
This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.