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2 - Protection of the Laws

from Part I - Antebellum Law

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 surveys the legal history of the term the "protection of the laws," from the writings of the early natural rights thinkers, the American Founders, and Blackstone to Andrew Jackson and antebellum state-level court cases. It argues that the concept of the "protection of the laws," including the "equal protection of the laws," was narrower thanmodern-day courts maintain: it was about the remedial and protective services supplied by the government and the laws aiming to protect individuals in the exercise of their rights against private interference and private violence.

Type
Chapter
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The Second Founding
An Introduction to the Fourteenth Amendment
, pp. 36 - 47
Publisher: Cambridge University Press
Print publication year: 2020

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