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

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: Ian Eppler, Harry Sandick, Jon Hatch