Apart from chronology, there are several possible explanations for why the distinction between the Fourteenth Amendment
and Article I powers for purposes of the Eleventh Amendment might make constitutional sense, but ultimately, it seems to me, chronology may be the most powerful of the available explanations.
of the Fourteenth Amendment
because the federal government was
effects of the Fourteenth Amendment
on the Eleventh Amendment in its
The Framers of the Fourteenth Amendment
distinguished between civil rights, which were possessed by all citizens, including women and children, and political rights, which were exercised only by the male subset of the population.
Heller, however, did not answer the question of whether this right found in the Second Amendment also found expression in the Fourteenth Amendment
and, thereby, applied to the states.
As I read the text and history of the Fourteenth Amendment
, a state would clearly be prohibited from branding a person as a second-class citizen--as an inferior--simply because he was born black.
53) In 1883, the Civil Rights Cases (54) held that the Fourteenth Amendment
applied only to state action, thus declaring the Civil Rights Act of 1875 unconstitutional.
The district court summarily dismissed the suit, finding that the suit was barred by the Eleventh Amendment and that the plaintiff's Fourteenth Amendment
rights were not violated.
Southern Pacific Railroad, Chief Justice Waite said that the court wouldn't hear arguments on whether the Fourteenth Amendment
clause on equal protection applied to corporations; they all believed that it did.
The first step is to explain why congressional treatment of the school desegregation issue in the 1870s does not demonstrate that the original understanding was that the Fourteenth Amendment
outlawed school desegregation.
WASHINGTON -- The American Center for Law and Justice (ACLJ) - focusing on constitutional law - today filed an amicus brief with the Supreme Court of the United States asking the high court to overturn a lower court ruling and rely on the Privileges or Immunities Clause of the Fourteenth Amendment
, rather than the Due Process Clause, to protect the individual guarantees contained in the Bill of Rights, such as the Second Amendment right to keep and bear arms.
By contrast, if the federal Constitution does protect a right to keep and bear arms against state infringement, it can only be through the Fourteenth Amendment
, an issue Heller specifically eschewed.
Victory of law; the Fourteenth Amendment
, the Civil War, and American literature, 1852-1867.
Homeless persons brought a [section] 1983 action against a city police captain and a city, claiming that their Fourth, Thirteenth and Fourteenth Amendment
rights were violated when they were periodically removed from a downtown area.
Plessy argued that the Separate Car Act violated the Fourteenth Amendment
, which forbids states from denying equal tights to any person.