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Originalism and the 14th Amendmenet

By Alliance Alert

Professor Kurt Lash writing at PrawfsBlawg: "In terms of the Fourteenth Amendment. An originalist investigation of the Privileges or Immunities Clause would look for patterns of usage regarding the words and phrases of the Clause, beginning with how those words and phrases were understood in the years leading up to the Civil War. This would inform the likely understanding of those words by the members of the Thirty-Ninth Congress who proposed the text, and the members of the public who ratified the text. My next post will begin this investigation."

Full post as published by Constitutionally Correct on September 03, 2009 (boomark / email).