“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
“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 ...
See generally William W. Freehling , Prelude to Civil War : The Nullification Controversy in South Carolina , 1816-1836 ( New York : Harper and Row , 1965 ) . For a discussion of the standoff , see id . at 260-297 .
... Kelly Patterson, Steven McCal- lister, Andrew Sheffer, Ryan Shuriman, Abby Wood, Andrew Hlasbe, Caroline Knox, Maryann Carlson, Edward Timberlake, Sung Choi, Christopher Jennings, William Ray, Jason Newman, and Robert Wearing.
As David Benner reveals in The 14th Amendment and the Incorporation Doctrine, no such function was originally envisioned by the amendment.
... 122, 161–62 Lash, Kurt, 247n68, 248n74 Lecompton Constitution, 59–60, 220– 21n180, 222n201 Lee, Robert E., 81, 90, ... 228n68; Custer's position and, 51; elections of, 61, 70–71, 87–88; on Fugitive Slave Act, 67; on Lee's surrender, ...
First Published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.
88 According to Leonard Levy, Miller's opinion is “one of the most tragically wrong opinions ever given by the Court. ... Reconstructing the Privileges or Immunities Clause, 101 Yale L. J. 1385, 1415 (1992); Michael Kent Curtis, ...
The Fourteenth Amendment to the Constitution, ratified in 1868, sought to protect the rights of the newly freed slaves; but its first important test did not arise until five years...
The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious ...
See Thomas G. West, The Political Theory of the American Founding 230 (2017) (arguing that this contrast “characterized all [the Founders'] sex and marriage policies”). 105. Lawrence M. Friedman, Crime and Punishment in American History ...