The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

by Kurt T. Lash

This book presents the history behind a revolution in American the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment. This exhaustively researched book 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 critical national election of 1866. For the first 92 years of our nation's history, 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 the 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 altogether, 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.

Genres: Law

326 pages, Hardcover

First published January 1, 2014

Reviews

[Eric_W]

Note: Hah! When this book first came out Cambridge had the Kindle version listed for sale at $79. Like anyone would buy it at that price. Then my notifier emailed that the price had fallen to $9.78. Well, that's a whole 'nother story and I got it right away.

Traditionally, the Bill of Rights has been applied to the states by SCOTUS over the years under the Due Process Clause. Clarence Thomas keeps opining that the Privileges and Immunities Clause should be used instead -- see his opinion in the MacDonald Case. Lash's book apparently draws a distinction between the Clause in the 14th Amendment and Article IV. We'll see.