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02/26/2020

Randy Barnett: Three Keys to the Original Meaning of the Privileges or Immunities Clause
Michael Ramsey

Randy E. Barnett (Georgetown University Law Center) has posted Three Keys to the Original Meaning of the Privileges or Immunities Clause (Harvard Journal of Law and Public Policy, Vol. 43, No. 1, 2020) (13 pages) on SSRN.  Here is the abstract: 

Establishing the original meaning of the Fourteenth Amendment’s Privileges or Immunities Clause requires a wealth of evidence. But three key data points are crucial to identifying the core of its meaning. First, Supreme Court Justice Washington’s explanation of the meaning of “privileges and immunities” in Corfield v. Coryell; second, the rights protected by the Civil Rights Act of 1866; and third, Michigan Senator Jacob Howard’s speech explaining the content of the Privileges or Immunities Clause when introducing the Fourteenth Amendment to the United States Senate in 1866. Any theory of the Privileges or Immunities Clause and its original meaning that cannot comfortably accommodate these three items is highly questionable.

(Via Larry Solum at Legal Theory Blog, who says "Highly recommended").