Privileges And Immunities Of Citizens Of The United States
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Author | : Arnold Johnson Lien |
Publisher | : Studies in History, Economics, and Public Law |
Total Pages | : 112 |
Release | : 1913 |
Genre | : Political Science |
ISBN | : |
Studies what the Supreme Court of the United States has proclaimed to be the privileges and immunities for United States citizens. Decisions of smaller federal courts have also been examined as far as they add to the Supreme Court.
Author | : Arnold Johnson Lien |
Publisher | : |
Total Pages | : 104 |
Release | : 1968 |
Genre | : Citizenship |
ISBN | : |
Author | : David S. Bogen |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 192 |
Release | : 2003-04-30 |
Genre | : Law |
ISBN | : 0313052638 |
The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens. Of course, the history, interpretation, and rulings on Article IV and the Fourteenth Amendment are much more nuanced and controversial. Bogen details the origins and development of the concept of privileges and immunities, and provides an in-depth analysis of the symbiotic relationship between Article IV and the Fourteenth Amendment, detailing the current understanding of the clauses as reflected in the decisions of the Supreme Court. The author concludes by arguing that the tension between the Framers' intent to protect fundamental human rights and the Court's current confused and inappropriate use of rights language may be resolved by applying customary international human rights to the states. An extensive bibliographic essay and a table of cases are provided to guide further reading on the topic.
Author | : Kurt T. Lash |
Publisher | : Cambridge University Press |
Total Pages | : 327 |
Release | : 2014-04-07 |
Genre | : Law |
ISBN | : 1107023262 |
This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.
Author | : Arnold Johnson 1882- Lien |
Publisher | : Wentworth Press |
Total Pages | : 104 |
Release | : 2016-08-29 |
Genre | : History |
ISBN | : 9781373241351 |
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author | : Arnold Johnson 1882 Lien |
Publisher | : |
Total Pages | : 110 |
Release | : 2016-08-29 |
Genre | : History |
ISBN | : 9781373462183 |
Author | : Andrew Kull |
Publisher | : Harvard University Press |
Total Pages | : 322 |
Release | : 2009-07 |
Genre | : Law |
ISBN | : 9780674039803 |
From 1840 to 1960 the profoundest claim of Americans who fought the institution of segregation was that the government had no business sorting citizens by the color of their skin. During these years the moral and political attractiveness of the antidiscrimination principle made it the ultimate legal objective of the American civil rights movement. Yet, in the contemporary debate over the politics and constitutional law of race, the vital theme of antidiscrimination has been largely suppressed. Thus a strong line of argument laying down one theoretical basis for the constitutional protection of civil rights has been lost. Andrew Kull provides us with the previously unwritten history of the color-blind idea. From the arguments of Wendell Phillips and the Garrisonian abolitionists, through the framing of the Fourteenth Amendment and Justice Harlan's famous dissent in Plessy, civil rights advocates have consistently attempted to locate the antidiscrimination principle in the Constitution. The real alternative, embraced by the Supreme Court in 1896, was a constitutional guarantee of reasonable classification. The government, it said, had the power to classify persons by race so long as it acted reasonably; the judiciary would decide what was reasonable. In our own time, in Brown v. Board of Education and the decisions that followed, the Court nearly avowed the rule of color blindness that civil rights lawyers continued to assert; instead, it veered off for political and tactical reasons, deciding racial cases without stating constitutional principle. The impoverishment of the antidiscrimination theme in the Court's decision prefigured the affirmative action shift in the civil rights agenda. The social upheaval of the 1960s put the color-blind Constitution out of reach for a quartercentury or more; but for the hard choices still to be made in racial policy, the colorblind tradition of civil rights retains both historical and practical significance.
Author | : Roger Howell |
Publisher | : |
Total Pages | : 142 |
Release | : 1918 |
Genre | : Citizenship |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : |
Release | : 1913 |
Genre | : |
ISBN | : |
Author | : Richard Sobel |
Publisher | : Cambridge University Press |
Total Pages | : 245 |
Release | : 2016-10-26 |
Genre | : Law |
ISBN | : 1107128293 |
Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.