The Enumerated Rights Reading of the Privileges or Immunities Clause: A Response to Randy E. Barnett and Evan D. Bernick's 'The Privileges or Immunities Clause, Abridged: A Critique of Kurt Lash on the Fourteenth Amendment'

Lash, Kurt T.

doi:10.2139/ssrn.3351142

Cited by 1 publication

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“…Scholarly dispute persists over the set of substantive rights that defined national citizenship (cf. Barnett and Bernick 2019; Lash 2019); the breadth of the equality guarantee (cf. Klarman 1995; McConnell 1995); and the character of federal enforcement power (cf.…”

Section: Introductionmentioning

confidence: 99%

The Slaughter-House Dissents and the Reconstruction of American Liberalism

Brandwein

2023

Am Polit Sci Rev

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American liberalism has long been divided between early “classic” and modern forms, a transformation associated with the rise of the social welfare state and the New Deal. The long-running critique of Hartzian consensus theory has left intact that division, which is likewise expressed in literature on the Reconstruction Amendments. This article offers a new staged theory of American liberal development in the nineteenth century, accomplished through the prism of public law. Newly elaborating and theorizing the governing frameworks of the antebellum “well-regulated society” and reading judicial disagreement in the Slaughter-House Cases (1873, 83 U.S. 36) in terms of these institutional frameworks, I show how the dual liberty paradigm of the well-regulated society was rearranged in Bradley’s dissent. By elevating a conceptual split between the dissents of Field and Bradley and by tracing in Bradley’s dissent the reorganization of police powers jurisprudence, I illuminate the fashioning and rapid diffusion of modern rights individualism.

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Section: Introductionmentioning

confidence: 99%

The Slaughter-House Dissents and the Reconstruction of American Liberalism

Brandwein

2023

Am Polit Sci Rev

View full text Add to dashboard Cite

show abstract

The Enumerated Rights Reading of the Privileges or Immunities Clause: A Response to Randy E. Barnett and Evan D. Bernick's 'The Privileges or Immunities Clause, Abridged: A Critique of Kurt Lash on the Fourteenth Amendment'

Cited by 1 publication

References 14 publications

The Slaughter-House Dissents and the Reconstruction of American Liberalism

The Slaughter-House Dissents and the Reconstruction of American Liberalism

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