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Introduction

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

The Introduction outlines the argument of the book and its methodology, distinguishing the more reliable "language of the law" originalism fromless reliable versions that rely too much on legislative history or antislavery constitutional thinkers. Using this methodology, the book will show that the key provisions of the Fourteenth Amendment's first section had well-established antebellum legal meanings that chart a satisfactory middle course between interpretations that rely on what people thought in 1868 and those that allow judges to pour into the text their own extratextual values.

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The Second Founding
An Introduction to the Fourteenth Amendment
, pp. 1 - 12
Publisher: Cambridge University Press
Print publication year: 2020

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  • Introduction
  • Ilan Wurman
  • Book: The Second Founding
  • Online publication: 30 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108914956.001
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Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Introduction
  • Ilan Wurman
  • Book: The Second Founding
  • Online publication: 30 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108914956.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Ilan Wurman
  • Book: The Second Founding
  • Online publication: 30 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108914956.001
Available formats
×