Ilan Wurman
Second Founding: An Introduction to the Fourteenth Amendment
Second Founding: An Introduction to the Fourteenth Amendment
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Ilan Wurman's book provides an introduction to the original meaning of the Fourteenth Amendment's famous provisions, tracing how they solved historical problems and arguing that if interpreted in the language of the law, it would lead to surprising and desirable results today.
Format: Paperback / softback
Length: 170 pages
Publication date: 12 November 2020
Publisher: Cambridge University Press
In his comprehensive work, "The Second Founding: An Introduction to the Fourteenth Amendment," Ilan Wurman delves into the profound and intricate origins of the renowned provisions of the Fourteenth Amendment. Through a meticulous exploration of the antebellum legal landscape, Wurman unravels the original meanings of due process of law, equal protection of the laws, and the privileges or immunities of citizenship.
Beginning his analysis with a historical journey that spans from the Magna Carta to the Statutes of Edward III and the Petition of Right, Wurman traces the evolution of these concepts in the legal realm. He then delves into the specific historical challenges faced by the framers of the Fourteenth Amendment, such as the comity rights of free blacks, the issue of private violence, and the notorious abridgment of freedmen's rights in the Black Codes.
Wurman's argument is a compelling one, as he posits that if the modern originalist Supreme Court were to interpret the Amendment in the language of the law, it would yield surprising and desirable outcomes in today's society. By grounding his interpretation in the historical context and legal principles of the time, Wurman offers a fresh perspective on the Fourteenth Amendment and its enduring significance.
This book is a valuable resource for scholars, legal professionals, and anyone interested in understanding the historical and constitutional foundations of American democracy. It provides a comprehensive and nuanced analysis of the Fourteenth Amendment, shedding light on its origins, evolution, and ongoing relevance in shaping the nation's legal and political landscape.
Weight: 302g
Dimension: 152 x 229 x 16 (mm)
ISBN-13: 9781108823951
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