The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.

Kurt T. Lash (Author)

9781316507520, Cambridge University Press

Paperback / softback, published 7 January 2015

326 pages, 1 b/w illus.
22.7 x 15.2 x 1.8 cm, 0.36 kg

'The Fourteenth Amendment and the Privileges and Immunities of American Citizenship is a deep and important book. It will surely revolutionize our understanding of the original public meaning of the enigmatic 'privileges or immunities' clause of the Fourteenth Amendment. Lash argues that language that seems opaque to contemporary readers was a phrase of art, which establishes a clear ceiling and floor on the meaning of the clause. His claims are sure to be controversial, but they demand answers. If you want to understand the Fourteenth Amendment, you will need to read this book.' Lawrence Solum, Georgetown Law

This exhaustively researched book presents the history behind a revolution in American liberty: the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment. It follows the evolution in public understanding of 'the privileges and immunities of citizens of the United States', from the early years of the Constitution to the election of 1866. For 92 years nothing in the American Constitution prevented states from abridging freedom of speech, prohibiting the free exercise of religion, or denying the right of peaceful assembly. The suppression of freedom in the southern states convinced the Reconstruction Congress and supporters of the Union to add an amendment forcing the states to respect the rights announced in the first eight amendments. But rather than eradicate state autonomy, the people embraced the Fourteenth Amendment that expanded the protections of the Bill of Rights and preserved the Constitution's original commitment to federalism and the principle of limited national power.

1. The Fourteenth Amendment: an introduction
2. On antebellum privileges and immunities
3. Framing the Privileges or Immunities Clause
4. The public debate
5. Post-adoption commentary on the Privileges or Immunities Clause
6. Text and theory.

Subject Areas: Law [L], Politics & government [JP]