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Full-Text Articles in Fourteenth Amendment
The Origins Of The Privileges Or Immunities Clause, Part I: “Privileges And Immunities” As An Antebellum Term Of Art, Kurt T. Lash
The Origins Of The Privileges Or Immunities Clause, Part I: “Privileges And Immunities” As An Antebellum Term Of Art, Kurt T. Lash
Law Faculty Publications
Historical accounts of the Privileges or Immunities Clause of Section One of the Fourteenth Amendment generally assume that John Bingham based the text on Article IV of the original Constitution and that Bingham, like other Reconstruction Republicans, viewed Justice Washington’s opinion in Corfield v. Coryell as the definitive statement of the meaning of Article IV. According to this view, Justice Miller in the Slaughterhouse Cases failed to follow both framers’ intent and obvious textual meaning when he distinguished Section One’s privileges or immunities from Article IV’s privileges and immunities.
A close analysis of antebellum law, however, suggests that Justice Miller’s …
Colorblindness, Race Neutrality, And Voting Rights, Henry L. Chambers, Jr.
Colorblindness, Race Neutrality, And Voting Rights, Henry L. Chambers, Jr.
Law Faculty Publications
The Reconstruction Amendments' guarantee of civil rights and political equality for racial minorities means that with respect to voting and representation, raceneutral results should be as much a constitutional imperative as colorblind process. As such, a colorblind electoral rule that unintentionally lessens the ability of a minority group to vote or to choose its candidate of choice should be deemed unconstitutional under the Fifteenth Amendment, not merely unlawful under the Voting Rights Act, unless the jurisdiction can provide a strong justification for the rule focused on why such a rule is reasonably necessary to safeguard the electoral process. This change …