Fourteenth Amendment Commons^™

The Use Of The Fourteenth Amendment By Salmon P. Chase In The Trial Of Jefferson Davis, C. Ellen Connally

Akron Law Review

The resulting decision in The Slaughterhouse Cases is one that is still debated and stands as a primary example of an unintended consequence of a constitutional amendment. Although historians and legal scholars have considered a number of the unintended consequences of the Fourteenth Amendment, one result, unforeseen by its proponents, has been totally overlooked... In the legal proceedings that came to be known as United States v. Jefferson Davis, a legal determination was required to determine whether or not Section 3 imposed a simple disqualification or an actual punishment...Could those who pushed for the adoption of the Fourteenth Amendment, those …

Why "Privileges Or Immunities"? An Explanation Of The Framers' Intent, William J. Rich

Akron Law Review

In the Slaughter-House Cases, Justice Field accused the majority of turning the Fourteenth Amendment’s Privileges or Immunities Clause into a “vain and idle enactment which accomplished nothing,” and Justice Swayne argued that the majority “turn[ed] . . . what was meant for bread into a stone.” Most contemporary commentators appear to agree... Did the framers of the Fourteenth Amendment make a colossal mistake? Or were Justices Field and Swayne correct when they blamed Justice Miller’s majority opinion in Slaughter-House for leading the nation astray? Answers to these questions, in the pages that follow, are “no” to the first, and a …

The Union As It Wasn't And The Constitution As It Isn't: Section Five And Altering The Balance Of Powers, Elizabeth Reilly

Akron Law Review

This article argues that in reconstituting that Union, the 39th Congress and the Fourteenth Amendment not only altered the fundamental structural principles of the relationship between the states and the national government and the responsibility of government to protect individual liberties. It argues that the original structural alignment of national powers and the boundaries of their respective spheres were also, of necessity and by understanding, recast as well.

The Legacy Of Slaughterhouse, Bradwell, And Cruikshank In Constitutional Interpretation, Wilson R. Huhn

Akron Law Review

The conclusions that the Court drew about the meaning of the 14th Amendment shortly after its adoption were contrary to the intent of the framers of that Amendment and a betrayal of the sacrifices which had been made by the people of that period. In each case, the Court perverted the meaning of the Constitution in ways that reverberate down to the present day...In these cases the Court ruled upon several critical aspects of 14th Amendment jurisprudence, including (1) Whether the 14th Amendment prohibits the States from interfering with our fundamental rights; (2) How the equality of different groups should …

The 39th Congress (1865-1867) And The 14th Amendment: Some Preliminary Perspectives, Richard L. Aynes

Akron Law Review

This article is a preliminary effort to tell the story of the people who brought the nation the 14th Amendment, the 39th Congress...I want to suggest that when someone creates the Hall of Fame of the Congresses we need to include the 39th Congress.

Infinite Hope - Introduction To The Symposium: The 140th Anniversary Of The Fourteenth Amendment, Elizabeth Reilly

Akron Law Review

This symposium celebrates the 140th anniversary of ratification. The anniversary provides us with a fruitful occasion to reflect upon the meaning of the Amendment to its Framers in Congress and as it was initially interpreted by the United States Supreme Court and the public, and to examine the lasting impacts of both conceptions...Therefore, our participants explicitly discuss applying their understanding of history to the modern implications of the Fourteenth Amendment and current law. Understanding the Amendment, especially because of its early reception by the Court, requires looking at law, history, political science, and sociology, among other disciplines, to try to …

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Disparity In Police Procedures For Non-English Speaking Dwi Suspects: Constitutional Protections For Non-English Speaking Criminal Defendants Falling Second To Governmental Interests, Daniela Giordano

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Moore, Gennaro Savastano

Touro Law Review

No abstract provided.

You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza

Touro Law Review

No abstract provided.

Burwell V. Hobby Lobby Stores, Inc.: Brief Of Amici Curiae Historians And Legal Scholars Supporting Neither Party, William J. Novak

Appellate Briefs

Amici are scholars of history and law with an important interest in the question presented and particularly in the traditional treatment of corporations under American law.

Much of the research in this brief is drawn from papers by amici, developed through several meetings of the ongoing "Corporations and American Democracy" research initiative undertaken by the Tobin Project, a non-profit research organization.

Because amici have not examined the factual questions relating to the particular corporations at issue in these consolidated cases, they file this brief in support of neither party.

Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka

Law Faculty Publications

Part I of this Article traces the history of child abuse reporting hotlines. Part II describes the current law and practice behind child abuse reporting hotlines. Part III examines why anonymous reporting by the public is unnecessary and highly susceptible to abuse. Part IV analyzes the constitutional rights at stake in anonymous reporting, citing federal case law that contradicts current practice. Part V concludes with a proposal to abolish anonymous reporting and require all public reporting hotlines to adhere to published, written policies.

California Garageman's Liens: Procedural Due Process Restored, Len Carafa

Pepperdine Law Review

No abstract provided.

State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan

Pepperdine Law Review

No abstract provided.

From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello

Pepperdine Law Review

No abstract provided.

Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols

Journal of the National Association of Administrative Law Judiciary

This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.

Is Economic Protectionism A Legitimate Governmental Interest Under Rational Basis Review?, Roger V. Abbot

Catholic University Law Review

No abstract provided.

Blocking The Ballot: Why Florida’S New Voting Restrictions Demonstrate A Need For Continued Enforcement Of The Voting Rights Act Preclearance Requirement, Michael Ellement

Catholic University Law Review

No abstract provided.

Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro

Pepperdine Law Review

No abstract provided.

The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.

Maryland Law Review

No abstract provided.

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

Maryland Law Review

No abstract provided.

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain

Maryland Law Review

No abstract provided.

Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict

Maryland Law Review

No abstract provided.

Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch

Maryland Law Review

No abstract provided.

Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber

Maryland Law Review

No abstract provided.

Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis

Maryland Law Review

No abstract provided.

What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope

Maryland Law Review

No abstract provided.

The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov

Maryland Law Review

No abstract provided.

Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow

Maryland Law Review

No abstract provided.

Privileges Or Immunities, Philip A. Hamburger

Faculty Scholarship

What was meant by the Fourteenth Amendment's Privileges or Immunities Clause? Did it incorporate the U.S. Bill of Rights against the states or did it do something else? In retrospect, the Clause has seemed to have the poignancy of a path not taken – a trail abandoned in the Slaughter-House Cases and later lamented by academics, litigants, and even some judges. Although wistful thoughts about the Privileges or Immunities Clause may seem to lend legitimacy to incorporation, the Clause actually led in another direction. Long-forgotten evidence clearly shows that the Clause was an attempt to resolve a national dispute about …