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How the 14th Amendment Changed America (with Randy Barnett and Evan Bernick)

Free Thoughts

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The Equal Protection Clause Is Primarily About the Protection of Negative Rights

The equal protection clause guarantees positive rights, but the positive rights that guarantees are designed to protect negative rights in ways that post political goods need not be. This seems tied to the privileges part of the privileges of the immunity clause,. We talked about public education, for example, as a privilege and not an immunity.

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