Original Meaning of the Fourteenth Amendment: Its Letter and Spirit

The Fourteenth Amendment was adopted in 1868 to protect individuals' rights from being violated by the states. However, the Supreme Court has long misunderstood or ignored its original meaning. According to Randy Barnett and Evan Bernick, the amendment was the culmination of decades of debates about the meaning of the antebellum Constitution and was enacted to enshrine the concept of Republican citizenship and grant Congress power to protect fundamental rights and ensure equality before the law.

\n Format: Hardback
\n Length: 488 pages
\n Publication date: 26 November 2021
\n Publisher: Harvard University Press
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A renowned constitutional scholar and a rising star provide a comprehensive and definitive analysis of the origins and original meaning of the Fourteenth Amendment.

Adopted in 1868, the Fourteenth Amendment profoundly altered the Constitution, granting the federal judiciary and Congress new powers to safeguard individuals' fundamental rights from state violations. However, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original intent of the amendment's key clauses, encompassing citizenship privileges and immunities, due process of law, and equal protection of the laws.

Barnett and Bernick argue 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 employed what is today called public-meaning originalism. Although their arguments were unsuccessful in court, the Republican Party was formed to advance an antislavery political agenda, ultimately leading to abolition. When abolition alone proved insufficient to thwart Southern repression and ensure 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 provide valuable insights into the original scope of the amendment.

The Original Meaning of the Fourteenth Amendment delves into primary sources with evenhanded attention, illuminating how the principles of the Declaration ultimately shaped the Constitution.

\n Weight: 860g\n
Dimension: 168 x 246 x 43 (mm)\n
ISBN-13: 9780674257764\n \n