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Taking American Citizenship Seriously

The Recovery of the Fourteenth Amendment

Taking American Citizenship Seriously cover

Taking American Citizenship Seriously

The Recovery of the Fourteenth Amendment

Description

In this ambitious volume, Professor David R. Upham offers a comprehensive account of the original understanding of the Fourteenth Amendment, shedding new light on its often-overlooked Privileges or Immunities Clause.
Drawing on a close textual reading as well as a wide range of primary sources-some newly discovered-Upham argues that the framers intended the amendment as a measure designed to strengthen existing constitutional protections for the rights of both human personhood and American citizenship. Upham contends that the amendment secures for all individuals the basic rights to life, liberty, and property through guarantees of due process and equal protection, while also reaffirming the birthright principle that grants citizenship to nearly all born on U.S. soil. Moreover, the Fourteenth Amendment safeguards longstanding privileges and immunities of citizenship, including the rights to travel, engage in commerce, speak freely, bear arms, and enjoy protection from racial discrimination and other forms of civic exclusion. By recovering the Amendment's original meaning, this book reshapes our understanding of constitutional rights and citizenship, with far-reaching implications for contemporary legal and political debates.

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Table of Contents

Acknowledgments
Introduction: Our Constitution's Central Amendment
Chapter 1: An Original Consensus
Chapter 2: The Official Consensus
Chapter 3: The Fundamentalist Consensus
Chapter 4: The Human Person's Rights to Legal Process and Protection
Chapter 5: American Citizenship: A Partial Declaration
Chapter 6: American Citizenship-Its Privileges-Its Immunities
Conclusion: A Multiracial Republic, If We Can Keep It
Bibliography
Index
About the Author

Product details

Bloomsbury Academic Test
Published 14 May 2026
Format Ebook (Epub & Mobi)
Edition 1st
Pages 336
ISBN 9781978761438
Imprint Bloomsbury Academic
Publisher Bloomsbury Publishing

About the contributors

Author

David R. Upham

David R. Upham is Associate Professor of Law at St…

Author

David R. Upham

David R. Upham is Associate Professor of Law at St…

Author

David R. Upham

David R. Upham is Associate Professor of Law at St…

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