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The Second Founding


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Table of Contents

Introduction; Part I. Antebellum Law: 1. Due process of law; 2. Protection of the laws; 3. The privileges and immunities of citizenship; Part II. From Abridgment to War and Ratification: 4. abridgement of rights before and after the civil war; 5. The fourteenth amendment; 6. Privileges, immunities, and incorporation; Part III. The Modern Era: 7. The past and future of the fourteenth amendment; Endnotes.

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A comprehensive introduction to the meaning and history of the three key provisions in the Fourteenth Amendment's first section.

About the Author

Ilan Wurman is an Associate Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University, where he teaches constitutional law. He is the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and publishes on administrative law and constitutional law in the nation's top law journals.


'A concise and brilliant overview of the Fourteenth Amendment's hardest questions, by the brightest young scholar in law teaching today.' Steven G. Calabresi, Northwestern University Pritzker School of Law
'The clearest, most straightforward book explaining our Constitution's promises of equal citizenship, the rule of law, and protection from violence.' Christopher R. Green, University of Mississippi School of Law and author of Equal Citizenship, Civil Rights, and the Constitution
'This timely book shows how the country ended slavery and embraced a new constitutional vision of equality in the wake of the Civil War.' Michael W. McConnell, Stanford Law School
'A bold and wide-ranging exploration of the Fourteenth Amendment's key rights-bearing provisions, staking out an ambitious thesis that is grounded in history and defended with clarity and verve.' Julian Davis Mortenson, University of Michigan Law School
'This diligent, comprehensive study of the Fourteenth Amendment, its framers, and its foes raises the bar for the next generation of originalists, nonoriginalists, and those who 'play in the joints.'' Shaakirrah R. Sanders, University of Idaho College of Law

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