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Series

Fourteenth Amendment

2019

Georgetown University Law Center

Articles 1 - 2 of 2

Full-Text Articles in Law

The Privileges Or Immunities Clause Abridged: A Critique Of Kurt Lash On The Fourteenth Amendment, Randy E. Barnett, Evan Bernick Jan 2019

The Privileges Or Immunities Clause Abridged: A Critique Of Kurt Lash On The Fourteenth Amendment, Randy E. Barnett, Evan Bernick

Georgetown Law Faculty Publications and Other Works

The Privileges or Immunities Clause of the Fourteenth Amendment was virtually eliminated by the Supreme Court in three cases: The Slaughter-House Cases, Bradwell v. Illinois, and United States v. Cruikshank. Today, most constitutional scholars agree that this was a terrible mistake, the effects of which continue to reverberate through our constitutional law. But, as evidenced by the Court’s decision in McDonald v. City of Chicago, both the “left” and “right” sides of the Court are reluctant to open the “Pandora’s Box” of uncertainty created by the phrase “privileges or immunities of citizens of the United States.” …


The Difference Narrows: A Reply To Kurt Lash, Randy E. Barnett, Evan Bernick Jan 2019

The Difference Narrows: A Reply To Kurt Lash, Randy E. Barnett, Evan Bernick

Georgetown Law Faculty Publications and Other Works

No abstract provided.