Footnote 4 of Carolene Products and the "counter-majoritarian difficulty."
In this edition of Liberty Law Talk, I talk with Clint Bolick, Director of the Center for Constitutional Litigation at the Goldwater Institute, about his new book Death Grip: Loosening the Law’s Stranglehold over Economic Liberty. Bolick, of course, is no stranger to litigating constitutional claims for economic liberties and property rights, among other achievements. Death Grip argues that the infamous Slaughterhouse Cases of 1873 emptied the privileges or immunities clause of the Fourteenth Amendment of one its primary purposes: the protection of economic liberties against encroachment by state governments. This conversation explores the history and intent behind the ratification of the Fourteenth Amendment and its privileges or immunities clause, and then looks to current efforts to breathe life back into the protection of economic liberties.