Constitutional Law

My 14th Amendment paper is online

At SSRN, right here.

It deals with the original public understanding of the 14th Amendment, as distinct from its Congressional history. The question under this standard is -- what did the American people think they were being asked to ratify? Key to that in the legislative history of Sen. Howard's speech upon introducing it in the Senate, where he says one of the purposes is to force the States to obey the US Bill of Rights. The question then becomes did the American public know of this statement?

Pretty clearly. It was carried on the front page of the NY Times and the NY Herald (then the biggest newspaper in the country), in the Philadelphia Inquirer, and in quite a few smaller papers.

The thrust of the 14th was to strike down the "Black Codes," I found those were prominently discussed in newspapers as well. The primary focus was upon laws forbidding blacks to own land, or to enter certain occupations, and upon seizure of their firearms and those of other Unionists.

You can download the pdf by clicking on the button above the title.

Full post as published by Of Arms and the Law on January 02, 2009 (boomark / email).