This article argues that in reconstituting that Union, the 39th Congress and the Fourteenth Amendment not only altered the fundamental structural principles of the relationship between the states and the national government and the responsibility of government to protect individual liberties. It argues that the original structural alignment of national powers and the boundaries of their respective spheres were also, of necessity and by understanding, recast as well.
"The Union as it Wasn't and the Constitution as it Isn't: Section Five and Altering the Balance of Powers,"
Akron Law Review: Vol. 42
, Article 4.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol42/iss4/4