No State Shall Abridge: The Fourteenth Amendment and the - download pdf or read online

By Michael Kent Curtis

ISBN-10: 0822305992

ISBN-13: 9780822305996

“The ebook is punctiliously geared up and good written, and it bargains with a question that continues to be of significant importance—what is the connection of the invoice of Rights to the states.”—Journal of yank History

“Curtis successfully settles a major criminal debate: no matter if the framers of the 14th modification meant to include the invoice of Rights promises and thereby inhibit country motion. taking over a powerful array of constitutional students, . . . he rebuts their argument with energy and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A daring, forcefully argued, very important study.”—Library Journal

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Extra info for No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights

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Representative Ebon C. Ingersoll, a Radical elected to fill the vacancy caused by the death of Owen Lovejoy, referred to the freedom of speech "which guaranties to the citizen of Illinois ... the right to proclaim the eternal principles of liberty, truth, and justice in Mobile, Savannah, or Charleston with the same freedom and security as though he were standing at the foot of the Bunker Hill monument:,90 Senator Daniel Clark complained that slavery had denied constitutional rights to citizens of other states.

As public criticism of slavery increased in the 183os, so did attempts by slaveholders and their allies to stifle antislavery speeches, publications, and actions. To protect slavery, slaveholders and their allies tried, with considerable success, to restrict the rights of whites and free blacks. Many opponents of slavery responded by emphasizing legal rights belonging to persons and citizens under the Constitution and Bill of Rights. To defend free blacks, they insisted that free blacks were citizens.

What rights did southerners have to northern assistance in recapturing fugitive slaves? The more explosive of these issues was the expansion of slavery into new territories. Most northerners, and at first even most abolitionists, accepted the constitutional theory that slavery in the states was beyond the reach of Congress. But, expansion of the institution to the territories was a far different matter. In the Northwest Ordinance of 1787, Congress prohibited slavery in every part of the West under congressional jurisdiction.

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No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights by Michael Kent Curtis


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