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The University of Akron Press
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Infinite Hope and Finite Disappointment details the hopes and promises of the 14th Amendment in the historical, legal and sociological context within which it was framed. Part of the Reconstruction Amendments collectively known as "The Second Founding," the 14th Amendment fundamentally altered the 1787 Constitution to protect individual right and altered the balance of power between the national government and the states. The work also shows how initial Supreme Court interpretations of the Amendment's reach hindered its applicability. Finally, the contributors investigate the current impact of the 14th Amendment. The book is divided into three parts: "Infinite Hope: The Framers as First Interpreters;" "Finite Disappointment: The Supreme Court as First Interpreter;" and "Never Losing Infinite Hope: The People as First Interpreters ."

Table of Contents

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  1. Cover
  2. p. 1
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  1. Title Page, Copyright
  2. pp. 2-5
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  1. Contents
  2. pp. v-vi
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  1. Constitution of the United States
  2. pp. vii-viii
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  1. Contributors and Acknowledgments
  2. pp. ix-x
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  1. Introduction
  2. pp. 1-8
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  1. Part I. Infinite Hope: The Framers as First Interpreters
  1. 1. The Antebellum Political Background of the 14th Amendment
  2. pp. 11-34
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  1. 2. The Historical Context of the 14th Amendment
  2. pp. 35-55
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  1. 3. The 39th Congress (1865–1867) and the 14th Amendment: Some Preliminary Perspectives
  2. pp. 56-73
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  1. 4. The Union as It Wasn’t and the Constitution as It Isn’t: Section 5 and Altering the Balance of Powers
  2. pp. 74-94
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  1. Part II. Finite Disappointment: The Supreme Court as First Interpreter
  1. 5. Justice Miller’s Reconstruction: The Slaughter-House Cases, Health Codes, and Civil Rights in New Orleans, 1861–1873
  2. pp. 97-118
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  1. 6. Rebuilding the Slaughter-House: The Cases’ Support for Civil Rights
  2. pp. 119-138
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  1. 7. Why “Privileges or Immunities”?: An Explanation of the Framers’ Interpretation and the Supreme Court’s Misinterpretation
  2. pp. 139-150
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  1. 8. The Legacy of Slaughter-House, Bradwell, and Cruikshank in Constitutional Interpretation
  2. pp. 151-166
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  1. Part III. Never Losing Infinite Hope: The People as First Interpreters
  1. 9. The Use of the 14th Amendment by Salmon P. Chase in the Trial of Jefferson Davis
  2. pp. 169-189
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  1. 10. “Horror of a Woman”: Myra Bradwell, the 14th Amendment, and the Gendered Origins of Sociological Jurisprudence
  2. pp. 190-213
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  1. 11. 14th Amendment Citizenship and the Reconstruction-Era Black Public Sphere
  2. pp. 214-236
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  1. Endnotes
  2. pp. 237-298
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  1. Index
  2. pp. 299-301
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