The Fourteenth Amendment: From Political Principle to Judicial Doctrine |
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Contents
The Impasse in Fourteenth Amendment Scholarship | 1 |
Antebellum America | 13 |
The Drafting and Adoption of the Amendment | 40 |
The Use of Antebellum Rhetoric in | 64 |
Objections to the Amendment | 91 |
The Republican Rebuttal | 110 |
The Judicial Elaboration of Doctrine | 148 |
Lochner v New York and the Transformation | 197 |
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Common terms and phrases
1st Sess 2d Sess 39th Cong 40th Cong Accord adoption agreed American antislavery applied argued arguments authority Bill Bingham blacks citizens Civil Rights claim color Committee concept Congress Congressional Globe Constitution course Daily debates Democratic denied distinction doctrine effect enforcement equal explained favored February federal Fourteenth Amendment framers fundamental give grant guarantee higher law House ideas immunities important individual interest interpretation issue January John Sherman Journal judges judicial Justice language later legislation legislature liberty limited majority March meaning ment natural negro noted objections opinion original party persons political position Press principles privileges proposed protection question quoted race radical ratification reasonable Reconstruction regulation remarks of Rep Report Republican rhetoric schools secure Senator Sherman Papers slavery South Southern Stevens suffrage Supreme Court thought Trumbull Union United University vote Washington York