Mar 28, 2019
To qualify as a “privilege” or “immunity” of U.S. citizenship, the right must be both fundamental to citizenship and have a long history.
The Contested Legacy of the Fourteenth Amendment
The Fourteenth Amendment has proven to be one of the most difficult parts of the Constitution to interpret. For over a century, controversy has swirled over how exactly the Due Process, Privileges or Immunities, and Equal Protection clauses limit the policies of states. That uncertainty hasn’t stopped the Supreme Court from viewing it as one of the most sweeping and transformative amendments. Randy Barnett and Evan Bernick have recently written an important new book on the Amendment, arguing that while the Court has mostly gotten the original meaning of the Amendment wrong, it has nevertheless stumbled into many correct outcomes. We asked four Law & Liberty contributors to weigh in on their interpretation.
Christopher R. Green
Julia D. Mahoney
Another Original Meaning of the Fourteenth Amendment
Jesse R. Merriam
Ilan Wurman
Randy E. Barnett and Evan D. Bernick
Further Disucssion
Does the Fourteenth Amendment Destroy Federalism?
Donald Devine