George P. Fletcher

The premise of this book is that Lincoln, in a couple of sentences in the Gettysburg address, introduced concepts which were later encoded in the 13th, 14th and 15th amendments. However, he further postulates that Lincoln and these amendments introduce an entirely new set of rules for constitutional law that is based on equality and nationhood rather than states' rights and the rights of "the People". His logic is imperfect in many regards and the case is never made. However, it is easy to see how this kind of lawyerly thinking has begun to subvert the original Constitution starting in the latter half of the 20th century. The many cases that Fletcher aduces to his argument are interesting in themselves and also show how, in general, the Supreme Court has tended to take a conservative view of these amendments and continues to restrain major changes in the social order that might be expected if Fletcher's views were fully realized.… (mehr)