I ought to be very angry with my friend Akhil Amar. His new book, The Bill of Rights: Creation and Reconstruction, strengthens, develops, and popularizes his strikingly original claim that the meaning of our Bill of Rights must be sought in the understanding of the people who enacted the Fourteenth Amendment, rather than that of James Madison and his contemporaries. If Akhil carries the day on this question-and I find his arguments quite powerful, my ongoing research into the original meaning of the Bill will be of interest only to antiquarians.
Stanton D. Krauss,
The Original Understanding of the Seventh Amendment Right to Jury Trial,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol33/iss2/8