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from Part II - From Abridgment to War and Ratification
Published online by Cambridge University Press: 30 October 2020
This chapter challenges competing accounts of the privileges or immunities clause propounded by other scholars such as Kurt Lash, Michael Kent Curtis, Akhil Amar, and Randy Barnett. It argues that the privileges or immunities clause likely does not incorporate the Bill of Rights nor does it guarantee unenumerated fundamental rights. It argues that the privileges or immunities clause was instead an antidiscrimination provision with respect to state-defined civil rights.
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