Abstract: As a by-product of the Civil War was born the so-called Civil War Amendments. These Amendments to the U.S. Constitution were designed to insure that the newly-freed blacks were not deprived of their civil rights. Among these Amendments was the Fourteenth Amendment Due Process Clause. Due Process, however, well within a generation of the Amendment, began to take on an even wider meaning and impact. Still in the Nineteenth Century, in Chicago, B. & Q. R. v. Chicago, 166 U.S. 226 (1897) the United States Supreme Court interpreted the Fourteenth Amendment Due Process Clause to include the Fifth Amendment Just Compensation Clause. This, historically, was an interesting turn indeed. The Bill of Rights, or first ten amendments to the Constitution, were the States' condition antecedent to the passage of the Constitution itself. The several states, collectively remembering their pained experiences with England and the other European states from which their citizens fled, wished to insure that history not repeat itself. The history they wished to avoid was the history of an overbearing centralized power.
Publication Year: 2006
Publication Date: 2006-09-25
Language: en
Type: article
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