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01/17/2016

John McGinnis on Economic Liberties
Michael Ramsey

At Liberty Law Blog, John McGinnis: The 14th Amendment Protects Economic Liberties.  It begins:

The Fourteenth Amendment is one of the hardest provisions in the Constitution to get right. Sometimes there seem be as many theories of the provision as there are theorists. I admire their persistence. While I am not an expert in the all the intricacies of the Amendment myself, I do think it very probable that it protects economic liberty at least from discriminatory and arbitrary interference. Thus, its original meaning offers support for recent courts that have invalidated irrational licensing schemes.

For me, three reasons combine to present a persuasive case that the Fourteenth Amendment protects economic liberty. ...

And that's a strong endorsement coming from Professor McGinnis, since he thinks a law's unconstitutionality must be very clear before a court can invalidate it.  I am somewhat more skeptical that the Fourteenth Amendment is very clear on this point.