6min chapter

We the People cover image

The Slaughterhouse Cases at 150

We the People

CHAPTER

Is the Privileges or Immunities Clause Protected?

Professor Lash: In McDonald case, Justice Scalia dismissed possibility of resurrecting privileges or immunities clause. He says that's contrary to 140 years of our jurisprudence and is a "law professor's exercise" On the other hand, Justice Thomas has signaled his openness to resurrecting it, he says. Lash: It would give Congress power to enforce Bill of Rights against states for first time.

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