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Reconstruction: 14th Amendment – Privileges & Immunities and Due Process Clauses

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Manage episode 285112406 series 2323135
Content provided by Patterson Belknap Webb & Tyler LLP, Patterson Belknap Webb, and Tyler LLP. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Patterson Belknap Webb & Tyler LLP, Patterson Belknap Webb, and Tyler LLP or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.

Congress draws on Article IV and the Corfield opinion to craft a new privileges and immunities clause, but the Supreme Court quickly narrows its scope to near-invisibility. Lochner era courts use the due process clause to promote economic rights but twist the Amendment’s meaning, until substantive due process is repurposed in the 1930s. Recent opinions hint at a resurrected privileges and immunities clause, but at what cost?

Participants: Harry Sandick, Jon Hatch, Ian Eppler

  continue reading

81 episodes

Artwork
iconShare
 
Manage episode 285112406 series 2323135
Content provided by Patterson Belknap Webb & Tyler LLP, Patterson Belknap Webb, and Tyler LLP. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Patterson Belknap Webb & Tyler LLP, Patterson Belknap Webb, and Tyler LLP or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.

Congress draws on Article IV and the Corfield opinion to craft a new privileges and immunities clause, but the Supreme Court quickly narrows its scope to near-invisibility. Lochner era courts use the due process clause to promote economic rights but twist the Amendment’s meaning, until substantive due process is repurposed in the 1930s. Recent opinions hint at a resurrected privileges and immunities clause, but at what cost?

Participants: Harry Sandick, Jon Hatch, Ian Eppler

  continue reading

81 episodes

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