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The Second Founding Ilan Wurman

The Second Founding By Ilan Wurman

The Second Founding by Ilan Wurman

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Summary

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.

The Second Founding Summary

The Second Founding: An Introduction to the Fourteenth Amendment by Ilan Wurman

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.

The Second Founding Reviews

'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

About Ilan Wurman

Ilan Wurman is an Associate Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University, where he teaches constitutional law. He is the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and publishes on administrative law and constitutional law in the nation's top law journals.

Table of Contents

Introduction; Part I. Antebellum Law: 1. Due process of law; 2. Protection of the laws; 3. The privileges and immunities of citizenship; Part II. From Abridgment to War and Ratification: 4. abridgement of rights before and after the civil war; 5. The fourteenth amendment; 6. Privileges, immunities, and incorporation; Part III. The Modern Era: 7. The past and future of the fourteenth amendment; Endnotes.

Additional information

NLS9781108823951
9781108823951
1108823955
The Second Founding: An Introduction to the Fourteenth Amendment by Ilan Wurman
Ilan Wurman
New
Paperback
Cambridge University Press
2020-11-12
170
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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