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AND PRIVILEGES GUARANTEED
BY THE FOURTEENTH AMEND-
MENT TO THE CONSTITUTION
OF THE UNITED STATES.

BY

HENRY BRANNON
(JUDGE OF THE SUPREME COURT

OF WEST VIRGINIA.)

CINCINNATI

W. H. ANDERSON & CO.

LELAND STANFORS, ?., UNIVERSITY

LAS DEPARTMENT,

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PREFACE.

As the author has observed through many years, it is almost daily, in the federal and state courts, that the Fourteenth Amendment to the Constitution of the United States is appealed to. All those, whether citizens or denizens, who are, or allege themselves to be, unjustly affected in the great rights and privileges and immunities of citizenship, life, liberty, property or equality, invoke that Amendment for their safety and shield against the action of officers and courts under state authority, and against federal governmental authority as forbidden by like principles found in the Fifth Amendment. More particularly is this so where those cardinal rights are prejudiced by the exercise of public authority by the tribunals or officers of the states, or their municipalities; then the federal courts are called upon to assert their jurisdiction for the vindication of those rights guaranteed against state infraction by the Fourteenth Amendment. The supreme importance of that Amendment, from its presence in the federal Constitution, with its paramount obligation, is at once evident in theory and practice. This importance is not waning, but growing. Cases under it encumber the dockets of our courts. Under these circumstances it occurred to the author that a work issuing thirty-three years after the adoption of that Amendment, giving decisions upon it of the United States Supreme Court and other national and state courts down to February, 1901, would be of practical value.

The Fourteenth Amendment is, to a limited extent, discussed in works upon general constitutional law; but there is no work specially devoted to it and the decisions construing and applying it. As its title will suggest, the volume is not one covering the whole compass of constitutional law. It is confined to the Fourteenth Amendment; but it incidentally touches kindred subjects, such as the provisions of the national Constitution as to interstate commerce, and against impairment of contracts by state legislation. It deals only with the first and fifth sections of the Amendment, as its other sections concern matters having no relevancy to those of the first and fifth sections, since those other sections concern representation in the Congress, eligibility to office and public debts. But the sections which are discussed embrace a wide and spacious field. It includes Rights, Privileges, and Immunities of Federal Citizenship, Naturalization, Life, Liberty, Property and Equal Protection of the Laws; Due Process of Law; the relations and respective powers of the nation and states under the Fourteenth Amendment; the relative functions of national and state courts; the force and effect of state decisions in federal courts; the jurisdiction of the Supreme Court of the United States over the supreme courts of the states for the enforcement of that Imendment;

the
powers

of federal courts over state courts by removal of causes and habeas corpus to enforce the Amendment; the effect of overruled state cases in federal courts; the powers of the states as to police, taxation and eminent domain, as affected by the Fourteenth Amendment, and the right of restraint by the nation over the states therein; the restrictions that may be imposed upon monopolies and trusts and combinations; the power to restrain by injunction strikes and boycotts, called “government by injunction”; the subject of exclusive charters and grants by states and municipalities as fostering monopolies, and how far such charters and grants are contracts inviolable; the rights of naturalization and expatriation; the power of the United States to acquire, hold and govern foreign territory, and under what principles such government must be whether "the constitution follows the flag" into such territory when acquired; and many other incidental and cognate subjects.

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