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On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
Richard L. Aynes
Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment Incorporate the Bill of Rights? According to Fairman, it does not. Fairman's analysis of the congressional debates and other historical data on the Fourteenth Amendment led him to conclude that the Privileges or Immunities Clause of the Amendment does not make the Bill of Rights applicable to the states. Instead, Fairman argued that the intent of the Amendment's framers is most nearly realized by the use of the Due Process Clause to enforce against the states only those rights “ ‘implicit in the concept of …
The Impeachment And Removal Of Tennessee Judge West Humphreys: John Bingham's Prologue To The Johnson Impeachment Trial, Richard Aynes
The Impeachment And Removal Of Tennessee Judge West Humphreys: John Bingham's Prologue To The Johnson Impeachment Trial, Richard Aynes
Richard L. Aynes
At the beginning of the Civil War many individuals who held positions under the United States government submitted resignations which, in their minds, allowed them to assume positions with the so-called government of the Confederate States of America. One of the few individuals who did not do so, but nevertheless assumed a position under the Confederate States of America was U.S. District Judge West H. Humphreys. After the Confederacy was formed, he continued to hold court in the same courtroom but under the guise of a Confederate States Judge. This presented two problems for President Lincoln and the Unionists. First, …