New PDF release: Congress and the Fourteenth Amendment: Enforcing Liberty and

By William B. Glidden

The discrepancy among the fourteenth amendment’s precise that means as initially understood, and the ideal Court’s interpretation of its which means over the years, has been dramatic and unlucky. The modification used to be meant to be a constitutional rule for the advertising and security of people’s rights, administered by way of the states as front-line regulators of lifestyles, liberty, and estate, to be overseen by means of Congress and supported via federal laws as priceless. during this ebook, William B. Glidden makes the case that in its place, the modification has operated as a judge-dominated, unfavourable rights-against-government regime, supervised by way of the ideally suited court docket. every time Congress has enacted laws to guard lifestyles, liberty, or estate rights of individuals within the states, the legislation have been frequently overturned, narrowly construed, or compelled to depend on the ability of Congress to control interstate trade, below the preferrred Court’s constraining interpretations. Glidden proposes that Congress needs to get better for itself or be restored to its right function because the exact federal enforcement employer for the fourteenth amendment.

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Congress and the Fourteenth Amendment: Enforcing Liberty and Equality in the States by William B. Glidden


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