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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Federalism, the Fourteenth Amendment, and the Rights of American Citizens: Reexamining Privileges and Immunities

ISBN13: 9781107023260
Published: May 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99

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This book presents the history behind a revolution in American liberty: the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment. This exhaustively researched book follows the evolution in public understanding of 'the privileges and immunities of citizens of the United States', from the early years of the Constitution to the critical national election of 1866. For the first 92 years of our nation's history, nothing in the American Constitution prevented states from abridging freedom of speech, prohibiting the free exercise of religion, or denying the right of peaceful assembly. The suppression of freedom in the southern states convinced the Reconstruction Congress and the supporters of the Union to add an amendment forcing the states to respect the rights announced in the first eight amendments. But rather than eradicate state autonomy altogether, the people embraced the Fourteenth Amendment that expanded the protections of the Bill of Rights and preserved the Constitution's original commitment to federalism and the principle of limited national power.

Other Jurisdictions , USA
1. The Fourteenth Amendment: an introduction
2. On antebellum privileges and immunities
3. Framing the privileges or immunities clause
4. The public debate
5. Post-adoption commentary on the privileges or immunities clause
6. Text and theory.