The Original Meaning of the Fourteenth Amendment
Its Letter & Spirit
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Narrated by:
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David de Vries
About this listen
Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.
Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment.
The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
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- Unabridged
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Overall
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Performance
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Story
First published in September 2005 and based on a series of lectures delivered at Harvard, Active Liberty is a tight, extremely readable, almost memoir-like guide to interpreting the Constitution. Written by a justice of the Supreme Court, it focuses on a pragmatic approach to this great document that may become crucial as the Supreme Court faces deeply divisive decisions.
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Engaging, If Somewhat Dense
- By Maki on 09-04-07
By: Stephen Breyer
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The Founding Fathers' Guide to the Constitution
- By: Brion McClanahan
- Narrated by: David Cochran Heath
- Length: 6 hrs and 32 mins
- Unabridged
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Overall
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Performance
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Story
How did the founding generation intend for us to interpret and apply the Constitution? Are liberals right when they cite its “elastic” clauses to justify big government, or are conservatives right when they cite its explicit limits on federal power? Professor Brion McClanahan, popular author of The Politically Incorrect Guide to the Founding Fathers, finds the answers by going directly to the source—the Founders themselves, who debated all the relevant issues in their state constitutional conventions.
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Biased from the opening
- By David on 11-05-20
By: Brion McClanahan
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Supreme Power
- 7 Pivotal Supreme Court Decisions That Had a Major Impact on America
- By: Ted Stewart
- Narrated by: Art Allen
- Length: 7 hrs and 40 mins
- Unabridged
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Overall
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Performance
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Story
Best-selling author Ted Stewart explains how the Supreme Court and its nine appointed members now stand at a crucial point in their power to hand down momentous and far-ranging decisions. Today's Court affects every major area of American life, from health care to civil rights, from abortion to marriage. This fascinating book reveals the complex history of the Court as told through seven pivotal decisions.
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Polemical, downright ridiculous at times
- By Joe Igla on 11-04-17
By: Ted Stewart
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How Rights Went Wrong
- Why Our Obsession with Rights Is Tearing America Apart
- By: Jamal Greene
- Narrated by: Ryan Vincent Anderson
- Length: 11 hrs and 7 mins
- Unabridged
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Overall
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Performance
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Story
Rights are a sacred part of American identity. Yet they were an afterthought for the Framers. Only as a result of the racial strife that exploded during the Civil War—and a series of resulting missteps by the Supreme Court—did rights gain such outsized power. Over and again, courts have treated rights conflicts as zero-sum games in which awarding rights to one side means denying rights to others. As eminent legal scholar Jamal Greene shows in How Rights Went Wrong, we need to recouple rights with justice—before they tear society apart.
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A different way to look at rights.
- By Nicolas Pabon on 07-11-23
By: Jamal Greene
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The Supremes' Greatest Hits, 2nd Revised & Updated Edition
- The 44 Supreme Court Cases That Most Directly Affect Your Life
- By: Michael G. Trachtman
- Narrated by: Jonathan Yen
- Length: 7 hrs and 20 mins
- Unabridged
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Overall
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Performance
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Story
The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.
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Nice review overall.
- By "freeindeed4ever" on 02-10-20
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The Founders' Key
- The Divine and Natural Connection Between the Declaration and the Constitution and What We Risk by Losing It
- By: Dr. Larry Arnn
- Narrated by: Van Tracy
- Length: 7 hrs and 23 mins
- Unabridged
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Overall
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Performance
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Story
Dr. Arnn, president of Hillsdale College, reveals this integral unity of the Declaration and the Constitution. Together, they form the pillars upon which the liberties and rights of the American people stand. United, they have guided history's first self-governing nation, forming our government under certain universal and eternal principles. Unfortunately, the effort to redefine government to reflect "the changing and growing social order" has gone very far toward success.
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Linking Declaration and Constitution.
- By Ed Bethune on 04-26-24
By: Dr. Larry Arnn
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No Property in Man
- Slavery and Antislavery at the Nation’s Founding
- By: Sean Wilentz
- Narrated by: L.J. Ganser
- Length: 10 hrs and 23 mins
- Unabridged
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Overall
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Performance
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Story
Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation's founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers' work. Far from covering up a crime against humanity, the Constitution restricted slavery's legitimacy under the new national government.
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Excellent review of Slavery and the Constitution
- By Amazon Customer on 01-01-19
By: Sean Wilentz
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The Majesty of the Law
- Reflections of a Supreme Court Justice
- By: Sandra Day O'Connor
- Narrated by: Bernadette Dunne
- Length: 9 hrs and 30 mins
- Unabridged
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Overall
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Performance
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Story
In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.
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Informative and well-written
- By James on 07-11-05
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At this length, basic; but at that, great
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Worse than Nothing
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Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.
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Impeccably Logical, Backed by 100 Specific Example
- By Amy Eaton on 03-17-23
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From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.
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Hypocritical evaluation of the constitution
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Our Republican Constitution
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Read the book, don't listen
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Provides Context for Todays Mess
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Worse than Nothing
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Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.
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Impeccably Logical, Backed by 100 Specific Example
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Hypocritical evaluation of the constitution
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U.S. Constitution for Dummies
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Want to make sense of the US Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents - and sparked ongoing debates along the way. You'll get the lowdown on all the big issues - from separation of church and state to impeachment to civil rights - that continue to affect Americans' daily lives. Plus, you'll find out about the different approaches to interpretation and how the document has changed over the past 200+ years.
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Much better than I anticipated.
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Active Liberty
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Engaging, If Somewhat Dense
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A Matter of Interpretation
- Federal Courts and the Law
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
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Deeper and denser but understandable
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By: Antonin Scalia, and others
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The Americanization of Benjamin Franklin
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Central to America's idea of itself is the character of Benjamin Franklin. We all know him, or think we do: In recent works and in our inherited conventional wisdom, he remains fixed in place as a genial polymath and self-improver who was so very American that he is known by us all as the first American.
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I have good news and bad news
- By Ernie on 07-22-04
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A People's History of the Supreme Court
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A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court.
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Really enjoyed this book
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By: Peter Irons, and others
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The Supreme Court
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Chief Justice Rehnquist's engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall's dominance of the Court during the early 19th century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society.
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Absorbing
- By Jean on 01-28-18
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The American Revolution
- A History [Modern Library Chronicles]
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The American Revolution signalled a great change in the course of world history and progress. From this colonial revolt sprouted ideals of liberty and democracy, and all the aspirations and ambitions of a new people. In this work, Pulitzer Prize-winning historian Gordon S. Wood discusses the character and consequences of the revolution, grounding the events and ideas that shaped the American consciousness.
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The foremost scholar on the subject
- By Robert on 08-20-05
By: Gordon S. Wood
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Scalia's Court
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The sudden passing of Justice Antonin Scalia shook America. After almost 30 years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds.
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Understand the conservative philosophy of original
- By Proof Tree on 11-14-17
By: Antonin Scalia, and others
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The Supreme Court
- The Personalities and Rivalries That Defined America
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A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives. The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.
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Overruled!
- By Stephen McLeod on 08-23-08
By: Jeffrey Rosen
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The Supremes' Greatest Hits, 2nd Revised & Updated Edition
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Overall
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The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.
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Nice review overall.
- By "freeindeed4ever" on 02-10-20
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The Politically Incorrect Guide to the Constitution
- By: Kevin R.C. Gutzman
- Narrated by: Tom Weiner
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- Unabridged
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Overall
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Performance
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Story
Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.
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The best PIG to date
- By Matthew Groom on 05-16-08
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Ratification
- The People Debate the Constitution, 1787-1788
- By: Pauline Maier
- Narrated by: Johnny Heller
- Length: 23 hrs and 5 mins
- Unabridged
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Overall
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Performance
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Story
When the Constitutional Convention in Philadelphia adjourned late in the summer of 1787, the delegates returned to their states to report on the new Constitution, which had to be ratified by specially elected conventions in at least nine states. Pauline Maier recounts the dramatic events of the ensuing debate in homes, taverns, and convention halls, drawing generously on the speeches and letters of founding fathers, both familiar and forgotten, on all sides.
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History Always Repeats
- By Howard on 08-27-11
By: Pauline Maier