Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination

Chicago-Kent College of Law

Segregation

Articles 1 - 1 of 1

Full-Text Articles in Entire DC Network

Original Intent And The Fourteenth Amendment: Into The Black Hole Of Constitutional Law, Paul Finkelman Jun 2014

Original Intent And The Fourteenth Amendment: Into The Black Hole Of Constitutional Law, Paul Finkelman

Chicago-Kent Law Review

This article explores and examines William E. Nelson’s masterful study of the origins and adoption of the Fourteenth Amendment, The Fourteenth Amendment: From Political Principal to Judicial Doctrine (1988). The article explains that a quarter of a century after he wrote this book, Nelson’s study of the origins and adoption of the Amendment remains the best exploration of these issues. His book illustrates the difficulties of determining the “original intent” of the framers of this complicated and complex Amendment. At the same time, however, Nelson demonstrates that for many issues we can come to a strong understanding of the goals …