Reconstruction or Reaffirmation? Review of the Bill of Rights: Creation and Reconstruction
36 Pages Posted: 6 Aug 2005
Abstract
This article reviews Akhil Amar's book, The Bill of Rights: Creation and Reconstruction. It analyzes Amar's interpretation of the Fourteenth Amendment, its relationship to the guarantees found in the first ten amendments and his conception of the nature of those constitutional guarantees. The review concludes that Amar fails to explore the structural aspects of the reconstruction amendments and the intended relationship between the federal and state governments after their enactment. The historical record demonstrates that the framers of the Fourteenth Amendment intended to allow the states to remain free to regulate the mode or manner in which fundamental rights were exercised, thereby preserving important structural aspects of the original constitution.
Keywords: Akhil Amar, federalism, fourteenth amendment, bill of rights
Suggested Citation: Suggested Citation