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Constitutional Law

Akron Law Publications

1995

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Charles Fairman, Felix Frankfurter, And The Fourteenth Amendment, Richard L. Aynes Jan 1995

Charles Fairman, Felix Frankfurter, And The Fourteenth Amendment, Richard L. Aynes

Akron Law Publications

The scope of the Fourteenth Amendment determines, in large measure, the allocation of responsibility and power between the states and the government of the United States. It has been characterized as “the most significant [[[Amendment] in our history” and a “second American Constitution.” It is therefore not surprising that some of the most important disputes in the United States Supreme Court have been over the meaning of the Fourteenth Amendment and that the disputes have involved some of the most important legal thinkers of our times.

In the twentieth century, one of the most familiar articulations of differing views occurred ...