Interestingly enough, the 14th amendment was not used as a justification for expansion of federal government power at the expense of state government power until the 20th century. The history is quite interesting, but I don't know of a book to recommend other that some specialized treatises in constitutional law, e.g., Nowack and Rotunda, Tribe, and Wright. I don't know whether you like reading case law, but that's what you really have to do to understand it. I'm sure you're aware of the withering reception given to the Supreme Court's recent discovery of rights found in the "penumbra" of the 14th amendment, but the Supreme Court is, well, they get the last word, don't they?
Interesting, too, that the current make-up of the Supreme Court cares quite a bit about the intention of the founders. |
