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Books > Law > Jurisprudence & general issues > Legal history
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Congress and the Fourteenth Amendment - Enforcing Liberty and Equality in the States (Hardcover)
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Congress and the Fourteenth Amendment - Enforcing Liberty and Equality in the States (Hardcover)
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The discrepancy between the fourteenth amendment's true meaning as
originally understood, and the Supreme Court's interpretation of
its meaning over time, has been dramatic and unfortunate. The
amendment was intended to be a constitutional rule for the
promotion and protection of people's rights, administered by the
states as front-line regulators of life, liberty, and property, to
be overseen by Congress and supported by federal legislation as
necessary. In this book, William B. Glidden makes the case that
instead, the amendment has operated as a judge-dominated, negative
rights-against-government regime, supervised by the Supreme Court.
Whenever Congress has enacted legislation to protect life, liberty,
or property rights of people in the states, the laws were often
overturned, narrowly construed, or forced to rely on the power of
Congress to regulate interstate commerce, under the Supreme Court's
constraining interpretations. Glidden proposes that Congress must
recover for itself or be restored to its proper role as the
designated federal enforcement agency for the fourteenth amendment.
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