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The Three Whisky Happy Hour: Getting Right with the 14th Amendment, with Randy Barnett

Power Line

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Do You Agree With Professor Barnett?

After 18 73, it was done away with, and that gudted corps of the fourteenth amendment. The courts a overtime, first expanded the due process clause to take up some of the room created by the missing privileged immunities clause. And so we've gotten to the point where many of the outcomes of supreme courps cases are consistent with the original meaning of theFourteenth Amendment. But theyir not being justified on originalist grounds.

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