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No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights download epub

by Michael Kent Curtis


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The book is carefully organized and well written, and it deals with a question that is still of great importance-what is the relationship of the Bill of Rights to the states. Journal of American History. Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional scholars,.

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by Michael Kent Curtis. The book is carefully organized and well written, and it deals with a question that is still of great importance-what is the relationship of the Bill of Rights to the states. Select Format: Hardcover. - Journal of American History "Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action.

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments

Michael Kent Curtis is Professor of Law at Wake Forest University School of Law. He is the author of No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights, also published by Duke University Press. Библиографические данные.

Michael Kent Curtis is Professor of Law at Wake Forest University School of Law. Free Speech, The People's Darling Privilege: Struggles for Freedom of Expression in American History Constitutional Conflicts. Neal Devins, Mark A. Graber.

No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights. By Michael Kent Curtis. Durham, NC: Duke University Press, 1986. Gary J. Jacobsohn (a1). Published online by Cambridge University Press: 01 August 2014.

No State Shall Abridge. The Fourteenth Amendment and the Bill of Rights. Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action

No State Shall Abridge. A bold, forcefully argued, important study.

“The book is carefully organized and well written, and it deals with a question that is still of great importance—what is the relationship of the Bill of Rights to the states.”—Journal of American History

“Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional scholars, . . . he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A bold, forcefully argued, important study.”—Library Journal


Comments: (3)

Erthai
great read
Itiannta
As one who enjoys considering complex Constitutional issues, I found this book (Duke University Press 1986) very insightful. My stance when I reading a book such as this is to argue against the author’s main points. Sometimes I win but in this case I lost. The author argues the case well and is enough of a scholar to back up his claims with a vast amount of historical evidence. The battle over the meaning of the Fourteenth Amendment is far from over. The author is very fair. His corrections of Raoul Berger's (a constitutional scholar) misquotes are extremely forgiving. Had I been the author I would hope I could have been so gracious. Since I'm not the author, I can say I've read Berger's analysis before (pertaining to 9th Amendment) and his misleading quotes seem to go beyond honest mistakes. But ideology can blind so perhaps he's simply blind. I appreciate Michael Kent Curtis' integrity and fairness in presenting the many valid views and arguments surrounding the amendment.
Sarin
Did you know the Bill of Rights did not protect you from oppressive state laws until after the Fourteenth Amendment was adopted following the Civil War? Were you aware a state could simply strip away your rights to freedom of speech, religion, press, assembly, ignore your privilege against self-incrimination or unreasonable searches and seizures, hold you without bail, beat a confession out of you, and try you without a lawyer or witnesses on your behalf? States could and did do these things. Slavery was just the most extreme deprivation of liberty that the original Constitution allowed.

Many Americans who are not trained in the law or who have not made a study of American history never learned this. As late as 1833, in a case called Barron v. Baltimore, the Supreme Court, per Chief Justice John Marshall, no less, held that the Bill of Rights applied only to the federal government - not to the states. That had been and continued to be the law until after the adoption of the Fourteenth Amendment.

Professor Curtis' book is one of the great contributions to one of the least understood (and most distorted) subjects in American history. Few lay people understand the importance of the Fourteenth Amendment and the changes it wrought after the Union victory in the Civil War. Curtis' painstaking research, informed by objectivity and fairness, refutes longstanding misconceptions about the Fourteenth Amendment which derived from the southern preoccupation with trying to rehabilitate the southern image after its defeat. The conclusions of Professors Raoul Berger and Charles Fairman are specifically called into question as it appears they may have been less thorough in their canvass of relevant historical sources. In fact, Curtis' work is probably the lynchpin in the modern interpretation of the origins (and original intent of the framers) of the Fourteenth Amendment.

This volume has received attention inversely proportional to its importance. Nevertheless, Yale law professor Akhil Reed Amar relied heavily on Curtis' work in his own excellent book on the Bill of Rights, published in 1998. As Curtis shows, Rep. John A. Bingham, a well-trained Ohio lawyer (who also served as a prosecutor before the commission that investigated Lincoln's assassination and the conspiracy that produced it), was instrumental in making sure the Bill of Rights would, for the most part, apply to the states so there would be a minimum standard of protection for civil liberties that no state could ever again transgress. Thus, being an American finally meant something: no longer would the individual rights (that the federal government had to observe) be taken in vain as states simply stripped those rights away and trampled on them - which they did with impunity prior to and immediately after the Civil War. This is a fine history of one of the most important legal developments ever to occur in the history of the United States.
No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights download epub
Social Sciences
Author: Michael Kent Curtis
ISBN: 082231035X
Category: Other
Subcategory: Social Sciences
Language: English
Publisher: Duke University Press Books; 58142nd edition (January 31, 1990)
Pages: 288 pages