Overview

This book details the hopes and promises of the 14th Amendment in the historical, legal, and sociological context within which it was framed. Part of the Reconstruction Amendments collectively known as ""The Second Founding"", the 14th Amendment fundamentally altered the 1787 Constitution to protect individual rights and altered the balance of power between the national government and the states. The book also shows how initial Supreme Court interpretations of the amendment's reach hindered its applicability. Finally, the contributors investigate the current impact of the 14th Amendment. The book is divided into three parts: 'Infinite Hope: The Framers as First Interpreters', 'Finite Disappointment: The Supreme Court as First Interpreter', and 'Never Losing Infinite Hope: The People as First Interpreters'.

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9781935603009

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Reviews

<p>This volume of essays by historians and legal scholars tracks the initial reactions to the Fourteenth Amendment in its founding period. The essays examine the intentions of the amendment's framers and the interpretations offered by contemporary courts, as well as popular conceptions of the amendment's provisions and guarantees. It is this diversity of perspectives that makes the book an especially valuable contribution to the literature on American constitutional development. The chapters on the amendment's fate in Congress highlight the lofty goals held by many of its drafters, and how those goals were affected by the political dynamics of the period.Although the Supreme Court's systematic interpretive attacks on the amendment are a frequently told story, the essays here provide a fresh perspective that will be useful to teachers of this material. Finally, and perhaps most importantly, the volume spotlights how the amendment was viewed and put into practice by nongovernmental actors of the day, with particular attention paid to emerging transformative ideas about citizenship for women and blacks. The book's interdisciplinary approach gives it an appeal to a variety of scholars. Summing Up: Recommended. Graduate and research collections. -- S. B.Lichtman, Shippensburg University CHOICE, May 2012

This volume of essays by historians and legal scholars tracks the initial reactions to the Fourteenth Amendment in its founding period. The essays examine the intentions of the amendment's framers and the interpretations offered by contemporary courts, as well as popular conceptions of the amendment's provisions and guarantees. It is this diversity of perspectives that makes the book an especially valuable contribution to the literature on American constitutional development. The chapters on the amendment's fate in Congress highlight the lofty goals held by many of its drafters, and how those goals were affected by the political dynamics of the period.Although the Supreme Court's systematic interpretive attacks on the amendment are a frequently told story, the essays here provide a fresh perspective that will be useful to teachers of this material. Finally, and perhaps most importantly, the volume spotlights how the amendment was viewed and put into practice by nongovernmental actors of the day, with particular attention paid to emerging transformative ideas about citizenship for women and blacks. The book's interdisciplinary approach gives it an appeal to a variety of scholars. Summing Up: Recommended. Graduate and research collections. -- S. B.Lichtman, Shippensburg University CHOICE, May 2012

Author Information

Elizabeth A. Reilly is a C. Blake McDowell Jr. Professor at The University of Akron School of Law. She currently teaches torts, introduction to law and legal systems and sexual orientation and the law. Her research focuses on the intersections between individual and collective interests in areas such as reproductive choice, gender identity, juvenile justice, tort duties and damages, and the religion clauses. She is the author of numerous articles, including ""Radical Tweak-Relocating the Power to Assign Sex,"" (2005) and ""The 'Jurisprudence of Doubt': How the Premises of the Supreme Court's Abortion Jurisprudence Undermine Procreative Liberty,"" (1998). Prior to joining Akron Law, Professor Reilly was an attorney and counselor of law for Whitaker & Reilly, where her emphasis was on criminal and personal injury litigation, both trial and appellate.

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