August 8, 2022
Draft Copy of the 14th Amendment Edited rNU9Vp

The Fourteenth Amendment has confirmed to be one of the most troublesome elements of the Structure to interpret. For over a century, controversy has swirled over how precisely the Due Course of, Privileges and Immunities, and Equal Safety clauses restrict the insurance policies of states. That uncertainty hasn’t stopped the Supreme Courtroom from viewing it as one of the most sweeping and transformative amendments. Randy Barnett and Evan Bernick have lately written an important new book on the Amendment, arguing that whereas the Courtroom has largely gotten the unique that means of the Amendment mistaken, it has nonetheless stumbled into many appropriate outcomes. We requested 4 Regulation & Liberty contributors to weigh in on their interpretation.

“Law,” “Citizens,” and 1868

Christopher R. Inexperienced

A Radical Original Meaning

Julia D. Mahoney

Another Original Meaning of the Fourteenth Amendment

Jesse R. Merriam

From Comity to Equality

Ilan Wurman

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