The Adoption of the Fourteenth Amendment (Classic Reprint) - Couverture souple

Horace Edgar Flack

Couverture souple

ISBN 10 : 1330698207 ISBN 13 : 9781330698204

Editeur : Forgotten Books, 2018

Synopsis

The digital edition of all books may be viewed on our website before purchase. Excerpt from The Adoption of the Fourteenth Amendment (Classic Reprint)



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A propos du livre

Présentation de l'éditeur

Ulttl PREFACE. Thd Supreme Court of the United States, in the Slaughter House Cases, declared that the privileges and immunities of citizens guaranteed by the Fourteenth A mendment are those which they possess as citizens of the United States and not those which they enjoy by virtue of state citizenship. This decision means that those privileges and immunities which flow from state citizenship must rest for their security and protection where they have heretofore rested, namely, upon the States. In Maxwell vs. Dow the Court declared that the privileges and immunities of citizens of the United States do not include those enumerated in, and secured against violation on the part of the Central Government by the first eight Amendments to the Federal Constitution. The same Court, in the Civil Rights Cases, declared that Congress cannot enact direct, affirmative legislation for the enforcement of the Fourteenth A mendment and can enact only remedial legislation. The decisions in the above cases have given to the Four Pteenth A mendment a meaning quite different from that which many of those who participated in its drafting and! ratification intended it to have. The decisions in the Slaughter House and Civil Rights Cases especially have been criticized on this ground. Treatises have been written on the judicial construction of the A mendment, but thus far no effort has been made to give anything like a complete or exhaustive study of the historical incidents connected with its proposal and adoption. An examination, therefore, of the circumstances under which this addition to our fundamental instrument of government was made, and the discovery from them ,if possible, of the desires and expectations of its -f ramers and supporters, becomes an interesting and important constitutional inquiry.
(Typographical errors above are due to OCR software and don't occur in the book.)

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Présentation de l'éditeur

Preface The interpretation wuich the Fourteentli Article or the A mendment to the Constitution of tlie United tates has received at the hands of the Federal Supreme Court has given to thnt Article a aiear.ing quite different from that vrhich many of tiiose who participated in its drafting and ratification have asserted that it v;as intended to have. An examination, therefore, of the circumstances under vhich this addition to our fundamental instrument of govei-T iment was made, to discover, if possible, the desires and expectations of its frme rs and sur. porters, becomec an interesting and important inquiry. The principal sources o. information used in the preparation of the study have been the debates in Congress, the reports of congressional committees, especially those made by the Reconstruction Committee, tlie ioumal of the Reconstruction Committee, the journals, docaments, and debates of the legislatures of the several tates, and contemporary newspapers and magazines. Before publication it i the authors intention to add to the results hiere presented chapters giving tiie legislation enacted under and the judicial construction or interpretation of, the XIV A mendment. Che autiior sthanks are due to I rofessor T. T.
(Typographical errors above are due to OCR software and don't occur in the book.)

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Détails de l'édition

• Éditeur: Forgotten Books
• Date d'édition: 2018
• Langue: anglais
• ISBN 10: 1330698207
• ISBN 13: 9781330698204
• Reliure: Broché
• Nombre de pages: 289
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