PREFACE THE studies here presented are the outgrowth of a paper read before the Government Club of Harvard University in February, 1911. Some of them have within recent months appeared, in substantially their present form, in certain of the academic and legal journals. In the preparation of the statistical material the author has made no use of the current digests of decisions, annotations to the Constitution, nor of the indices to the Supreme Court Reports, except by way of comparison of results. He has gone directly to the body of the Reports and given each case a personal examination. Much repetition will be found throughout the work. This may detract from its logical unity, but it is hoped that it may serve some purpose. The true nature of the Fourteenth Amendment to the Constitution of the United States is little known. The processes of its operation are intricate and complex. This reiteration, therefore, of certain salient features may not be amiss in serving to render more familiar a subject that, although not new historically, has been scantily discussed. The author's thanks are due to the editors of the following periodicals for the courtesy of extending to him the copyright privileges for the use of the material in the chapters mentioned below: The American Law Review for Chapters V and VI; the Yale Law Journal for Chapter VII; the Columbia Law Review for Chapter VIII; and the South Atlantic Quarterly for Chapter X. The author desires also to express his appreciation of the privileges extended to him while in the Library of Congress. CHARLES WALLACE COLLINS. WASHINGTON, May, 1912. Political and social conditions at the close of the Civil War-Enactment of the War Amendments to the Con- THE DILEMMA OF THE SUPREME COURT Loss of control of Congress by the Radicals - Over- throw of the Radical ideal for the Amendment by the Supreme Court - Early conservative interpretation by the Supreme Court- Attempt to limit litigation there- THE PRACTICAL SCOPE OF the Amendment Spheres of State activity affected-The all-embracing scope of the Amendment - Present attitude of the The Amendment no longer a Southern problem - Con- fusion on this point explained — Geographical distribu- tion of litigation under the Amendment - The struggle Relation of the negro race to the adoption of the Analysis of litigation under the Amendment involving the negro race-Phases of the race problem presented -Limitations on the Federal Government in relation thereto - Police power of the States to deal with the negro-Legality of the color line - Exclusion of negroes Synopsis of instances of Federal intervention under the Amendment - Summary statement of each case de- cided adversely to the States-Clauses of the Amend- herent difficulty of defining the Amendment - Vague- - CHAPTER IX THE CORPORATIONS AND THE Twilight Zone Absence of corporation problems at time of adoption CHAPTER X THE FAILURE OF THE FOURTEENTH AMENDMENT AS A CON- Constitutional law and the social organism - Abnormal - Abnormal operation of the Amendment - Obstructs CHAPTER XI PAGE 126 139 PROPOSED Remedies . 163 The appellate jurisdiction of the Supreme Court under |