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The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex…mehr

Produktbeschreibung
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality. It will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.
Autorenporträt
Christopher Green is Associate Professor of Law at the University of Mississippi School of Law, USA. His articles on the relationship of the Fourteenth Amendment's Equal Protection and Privileges or Immunities Clauses have been cited by Justice Stevens in McDonald vs. Chicago and by many scholars. He has also published work on the relationship of the philosophy of language and constitutional theory, the Constitution's self-definition, the nature of corporations, and epistemology.