7 - The Past and Future of the Fourteenth Amendment
from Part III - The Modern Era
Published online by Cambridge University Press: 30 October 2020
This chapter briefly surveys the history of the Supreme Court's interpretation of the Fourteenth Amendment and shows how many salient cases would come out today under a correct originalist interpretation. It shows how the privileges or immunities clause justifies the result in Brown v. Board of Education and possibly also Obergefell v. Hodges, and explores the implications for, among other things, public accommodations cases, "one person, one vote," and partisan gerrymandering, economic liberty, and incorporation.
- The Second FoundingAn Introduction to the Fourteenth Amendment, pp. 123 - 144Publisher: Cambridge University PressPrint publication year: 2020