University of Minnesota Law School Scholarship Repository Constitutional Commentary 1984 The deologI ical Origins of the Fourteenth Amendment Daniel A. Farber John E. Muench Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Farber, Daniel A. and Muench, John E., "The deI ological Origins of the Fourteenth Amendment" (1984). Constitutional Commentary. 161. https://scholarship.law.umn.edu/concomm/161 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact
[email protected]. THE IDEOLOGICAL ORIGINS OF THE FOURTEENTH AMENDMENT Daniel A. Farber* and John E Muench** Most of the vast historical literature about the fourteenth amendment addresses the legislative intent regarding specific is sues such as school segregation. Our purpose is broader. Our concern is less with whether the framers believed in school segre gation than with how they felt about natural law. What did they regard as the sources of human rights? How did they think those rights related to the Constitution? In what ways did they expect the amendment to change that relationship? How did their ideas about rights relate to their thoughts about citizenship and govern ment, and to the experiences of Civil War and reconstruction? Our goal, then, is an intellectual history of the amendment. Our thesis is that the fourteenth amendment was based on a coherent theory of government. By the time it attained power in 1861, the Republican party had become identified with a well-ar ticulated theory of rights.