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Taking American Citizenship Seriously
The Recovery of the Fourteenth Amendment
Taking American Citizenship Seriously
The Recovery of the Fourteenth Amendment
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Description
In this ambitious volume, Professor David R. Upham offers a comprehensive account of the original understanding of the Fourteenth Amendment, shedding new light on its often-overlooked Privileges or Immunities Clause.
Drawing on a close textual reading as well as a wide range of primary sources-some newly discovered-Upham argues that the framers intended the amendment as a transformative measure designed to strengthen constitutional protections for enduring rights connected to both human personhood and American citizenship. Upham contends that the amendment secures for all individuals the basic rights to life, liberty, and property through guarantees of due process and equal protection, while also reaffirming the birthright principle that grants citizenship to nearly all born on U.S. soil. Moreover, it safeguards longstanding privileges and immunities of citizenship, including the rights to travel, engage in commerce, speak freely, bear arms, and enjoy protection from racial discrimination and other forms of civic exclusion. By recovering the Amendment's original meaning, this book reshapes our understanding of constitutional rights and citizenship, with far-reaching implications for contemporary legal and political debates.
Table of Contents
Introduction: Our Constitution's Central Amendment
Chapter 1: An Original Consensus
Chapter 2: The Official Consensus
Chapter 3: The Fundamentalist Consensus
Chapter 4: The Human Person's Rights to Legal Process and Protection
Chapter 5: American Citizenship: A Partial Declaration
Chapter 6: American Citizenship-Its Privileges-Its Immunities
Conclusion: A Multiracial Republic, If We Can Keep It
Bibliography
Index
About the Author
Product details
| Published | 11 Jun 2026 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Extent | 320 |
| ISBN | 9798216262251 |
| Imprint | Bloomsbury Academic |
| Publisher | Bloomsbury Publishing |
About the contributors
Reviews
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Ten years ago, David R. Upham's work forced constitutional scholars to rethink what they thought they knew about the history of interracial marriage. Now, he has produced the best book yet on the Fourteenth Amendment. Taking American Citizenship Seriously is a beautifully thorough canvass of evidence from the moment that America constitutionally committed herself to equal citizenship. Upham courageously and candidly follows the evidence wherever it leads him and explains compellingly how America can rediscover the original meaning of her most important constitutional anchor to freedom and equality.
Christopher R. Green, Associate Director, Chase Center for Civics, Culture, and Society, The Ohio State University, USA
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No serious student of the Fourteenth Amendment can ignore David R. Upham's impressive scholarship in Taking American Citizenship Seriously. Upham powerfully articulates a distinctive vision of the Amendment, based on a painstaking analysis of the extensive primary sources and a thoughtful and spirited engagement with the voluminous literature on the subject. Whether you agree with all of his conclusions or not, the reader will come away with a much deeper understanding of this immensely important area of constitutional law and theory.
Christopher Wolfe, Distinguished Research Scholar, University of Dallas, USA; author of The Rise of Modern Judicial Review
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David Upham's Taking American Citizenship Seriously is a landmark achievement of scholarship on the Fourteenth Amendment that should significantly reshape how judges, lawyers, scholars, and ordinary citizens understand it. Over and against regnant understandings of the Fourteenth Amendment, Upham shows that the meaning of section 1-and, in particular, of the “privileges or immunities” clause-is not vague or indeterminate but, rather, coherent and precise, the product of an original consensus among the Amendment's supporters. Taking American Citizenship Seriously is a model of legislative history that demonstrates how far the majority opinion in the Slaughterhouse Cases and subsequent legal opinion departed from the Amendment's original meaning, resulting in a jurisprudence detached from the Amendment's text. When it comes to interpreting the Fourteenth Amendment and the “privileges or immunities” clause, Upham sets the bar for scholarly rigor.
Paul R. DeHart, Professor of Political Science at Texas State University, USA; author of The Social Contract in the Ruins: Natural Law and Government by Consent

























