Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty.The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.

Slavery --- Law and legislation --- United States. --- United States --- United States. Constitution. 13th Amendment

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

For over a century, Congress’s power to enforce the Fourteenth Amendment’s guarantee of “the equal protection of the laws” has presented judges and scholars with a puzzle. What does it mean for Congress to “enforce” such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress’s enforcement power and its relationship to the Court’s claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court’s equal protection jurisprudence stops short of stating such core meaning, thus leaving Congress free (subject to appropriate judicial checks) to enforce the full scope of the constitutional guarantee. Araiza’s thesis reconciles the Supreme Court’s ultimate role in interpreting the Constitution with Congress’s superior capacity to transform the Fourteenth Amendment’s majestic principles into living reality.The Fourteenth Amendment’s Enforcement Clause raises difficult issues of separation of powers, federalism, and constitutional rights. Araiza illuminates each of these in this scholarly, timely work that is both intellectually rigorous but also accessible to non-specialist readers.

United States. Constitution. 14th Amendment --- Equality before the law --- United States --- Legislative power --- Discrimination --- Law and legislation --- Judicial review --- Equal protection of the law --- United States.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

In determining the news that’s fit to print, U.S. courts have traditionally declined to second-guess professional journalists. But in an age when news, entertainment, and new media outlets are constantly pushing the envelope of acceptable content, the consensus over press freedoms is eroding. The First Amendment Bubble examines how unbridled media are endangering the constitutional privileges journalists gained in the past century. For decades, judges have generally affirmed that individual privacy takes a back seat to the public’s right to know. But the growth of the Internet and the resulting market pressures on traditional journalism have made it ever harder to distinguish public from private, news from titillation, journalists from provocateurs. Is a television program that outs criminals or a website that posts salacious videos entitled to First Amendment protections based on newsworthiness? U.S. courts are increasingly inclined to answer no, demonstrating new resolve in protecting individuals from invasive media scrutiny and enforcing their own sense of the proper boundaries of news. This judicial backlash now extends beyond ethically dubious purveyors of infotainment, to mainstream journalists, who are seeing their ability to investigate crime and corruption curtailed. Yet many—heedless of judicial demands for accountability—continue to push for ever broader constitutional privileges. In so doing, Amy Gajda warns, they may be creating a First Amendment bubble that will rupture in the courts, with disastrous consequences for conventional news.

Freedom of the press --- Freedom of information --- Privacy, Right of --- Paparazzi --- Photographers --- United States. --- United States --- United States. Constitution. 1st Amendment --- Privacy [Right of ]

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Etats-Unis. Constitution. 1e amendement --- First Amendment --- United States. Constitution. 1st Amendment --- Verenigde Staten. Grondwet. 1ste Amendement --- Freedom of expression --- Lawyers --- United States. --- Freedom of speech --- United States --- Biography

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Shaping the Eighteenth Amendment: Temperance Reform, Legal Culture, and the Polity, 1880-1920

Liquor laws -- United States -- History. --- Prohibition -- United States -- History. --- Temperance -- United States -- History. --- United States. Constitution. 18th Amendment -- History. --- Liquor laws --- Prohibition --- Temperance --- History. --- United States. --- Abstinence --- Drunkenness --- Intemperance --- Intoxication --- Total abstinence --- Controlled drinking --- Drinking of alcoholic beverages --- Alcoholic beverage control --- Drinking laws --- High license --- Law, Liquor --- Liquor industry --- Liquors --- Alcohol --- Beverages --- Law and legislation --- United States. Constitution. 18th Amendment --- History --- United States --- Abstinence, Alcohol --- Alcohol abstinence