By Jr. Otis H.(Otis H. Stephens Jr.) Stephens, II John M. Scheb
AMERICAN CONSTITUTIONAL legislation, Volumes I and II, combines instances, judgements, and authorial observation to maximise your studying and knowing during this path. those complete volumes conceal the full diversity of issues in constitutional legislation. all of the chapters comprises a longer essay supplying the criminal, ancient, political, and cultural contexts for the set of edited judgements from the U.S. superb court docket case that follows. In picking, enhancing, and updating the fabrics, the authors emphasize contemporary tendencies in significant parts of constitutional interpretation. whilst, the authors comprise many landmark judgements, a few of which hold significance as precedents whereas others illustrate the temporary nature of constitutional interpretation. as the ebook presents a very good stability of choices and authorial observation, this article appeals to teachers of legislations in addition to teachers of political technology.
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Extra resources for American Constitutional Law, Volume II: Civil Rights and Liberties
By prohibiting private discrimination, Congress had exceeded its enforcement powers under Section 5. ” This language allowed individuals to be found liable for violating the civil rights of others, as long as there was some element of state action supporting or condoning the violation. The Civil Rights Act of 1870 (also known as the Enforcement Act) also contained a provision criminalizing conspiracies to deprive persons of their civil rights. The language of the statute did not indicate that such conspiracies had to involve unconstitutional state action, but in United States v.
TO SUMMARIZE: • Beyond the Bill of Rights, the Fourteenth Amendment (1868) is the most important constitutional amendment in the field of civil rights and liberties. This amendment places broad restrictions on the power of states to infringe on the rights and liberties of citizens. • The Equal Protection Clause of Section 1 of the Fourteenth Amendment serves as the primary basis for protecting the civil rights of minority groups against discriminatory state action. • The Due Process Clause of Section 1 is the most far-reaching provision of the Fourteenth Amendment.
But there is evidence that at least some of those who framed the Fourteenth Amendment, including the author of Section 1, Representative John A. Bingham of Ohio, believed that the Privileges or Immunities Clause would provide a textual basis for the application of the Bill of Rights to the states. In The Slaughterhouse Cases (1873), the Supreme Court adopted a very narrow view of the Privileges or Immunities Clause. Interpreting the Clause for the first time, the Court held that the Clause required the states to respect only the privileges and immunities of national citizenship, which the Court defined to include the right of access to the seat of the national government, the right to demand the federal government’s protection on the high seas, the right to use the navigable waters of the United States, the privilege of habeas corpus, and other rights secured by treaties to which the United States was a signatory.