Legal Commentary

Kurt Lash on Privileges or Immunities

By David Kopel

Part 2 of 3-part series. This installment, ?The Origins of the Privileges or Immunities Clause, Part II: John Bingham?s Epiphany,? has a very detailed analysis of changes in the drafts of the 14th Amendment.  Lash argues that the drafting history shows that the Fourteenth Amendment was intended to protect every part of Amendments I through VIII, but not to protect any unenumerated rights.

I?m still inclined to a broader view of the 14th Amendment, but perhaps I will change my mind after reading Part III of the series. Regardless, anyone with an interest in the original meaning of the 14th Amendment will benefit from reading this article. Obviously the aforesaid group does not include most of the current Justices of the Supreme Court.

Full post as published by The Volokh Conspiracy on May 18, 2010 (boomark / email).