1. General Law and the Fourteenth Amendment
- Author
-
Baude, William, Campbell, Jud, and Sachs, Stephen E.
- Subjects
Police power -- Laws, regulations and rules -- History ,State action (Civil rights) -- Laws, regulations and rules -- History ,Federalism -- Analysis -- History ,Equality before the law -- Laws, regulations and rules -- History ,Judicial review -- Laws, regulations and rules ,Constitutional law -- Interpretation and construction ,Due process of law -- Analysis ,Citizenship -- Laws, regulations and rules -- History ,Federal courts -- Powers and duties ,Government regulation ,Law ,Erie Railroad v. Tompkins (304 U.S. 64 (1938)) ,Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co. (83 U.S. (16 Wall.) 36 (1872)) ,Civil Rights Act of 1866 ,United States Constitution (U.S. Const. amend. 14) - Abstract
The Fourteenth Amendment's Section One is central to our constitutional law. Yet its underlying principles remain surprisingly obscure. Its drafting history seems filled with contradictions, and there is no scholarly consensus on what rights it protects, or even on what kind of law defines those rights., This Article presents a new lens through which to read the Fourteenth Amendment-new to modern lawyers, but not to the Amendment's drafters. That lens is general law, the unwritten law [...]
- Published
- 2024