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5 - The Fourteenth Amendment

from Part II - From Abridgment to War and Ratification

Published online by Cambridge University Press:  30 October 2020

Ilan Wurman
Affiliation:
Sandra Day O’Connor College of Law, Arizona State University
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Summary

This chapter argues that the Fourteenth Amendment deployed the antebellum legal language described in the first three chapters to solve the historical problems described in Chapter 4. It describes the reconstruction legislation of the Thirty-Ninth Congress – the Civil Rights Act of 1866, the Privileges and Immunities Bill of 1866, and the Freedmen's Bureau Act of 1866 – and shows how the framers of the Fourteenth Amendment sought to constitutionalize these pieces of legislation that would have solved the known historical problems of the times.

Type
Chapter
Information
The Second Founding
An Introduction to the Fourteenth Amendment
, pp. 93 - 103
Publisher: Cambridge University Press
Print publication year: 2020

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