The Second Founding
An Introduction to the Fourteenth Amendment
Format:Paperback
Publisher:Cambridge University Press
Published:12th Nov '20
Currently unavailable, and unfortunately no date known when it will be back
This paperback is available in another edition too:
- Hardback£53.00(9781108843157)
A comprehensive introduction to the meaning and history of the three key provisions in the Fourteenth Amendment's first section.
This comprehensive introduction is for law students, undergraduates, academics, and general readers interested in the US constitution's most consequential amendment. The book carefully examines the amendment's three key provisions in its first section and sheds light on how the modern Supreme Court might resurrect its original meaning.In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.
'A concise and brilliant overview of the Fourteenth Amendment's hardest questions, by the brightest young scholar in law teaching today.' Steven G. Calabresi, Northwestern University Pritzker School of Law
'The clearest, most straightforward book explaining our Constitution's promises of equal citizenship, the rule of law, and protection from violence.' Christopher R. Green, University of Mississippi School of Law and author of Equal Citizenship, Civil Rights, and the Constitution
'This timely book shows how the country ended slavery and embraced a new constitutional vision of equality in the wake of the Civil War.' Michael W. McConnell, Stanford Law School
'A bold and wide-ranging exploration of the Fourteenth Amendment's key rights-bearing provisions, staking out an ambitious thesis that is grounded in history and defended with clarity and verve.' Julian Davis Mortenson, University of Michigan Law School
'This diligent, comprehensive study of the Fourteenth Amendment, its framers, and its foes raises the bar for the next generation of originalists, nonoriginalists, and those who 'play in the joints.'' Shaakirrah R. Sanders, University of Idaho College of Law
'This is an extremely well researched and written book that all Americans should read … Highly recommended.' M. D. Brewer, Choice
ISBN: 9781108823951
Dimensions: 150mm x 230mm x 10mm
Weight: 340g
170 pages