The Originalist Privileges or Immunities Clause

Today by special request, we have a great episode that asks How can Substantive Due Process rights be transferred  to the privileges and immunities clause.

We look at the history of "Privileges & Immunities" from its common law and colonial American beginning, to the Articles Of Confederation, Article 4, Corfield v Coryell and reconstruction era civil rights legislation to inform us of what the Privileges or Immunities clause was understood to mean by those who gave it legal force. We also discuss a general framework under which enumerated and unenumerated rights protected under the due process clause could be transferred to the privileges or immunities clause.

Case Briefs and Legal Resources

Dobbs v Jackson Whole Women's Health
McDonald v. Chicago
Saenz v. Roe, 526 U.S. 489 (1999)
Slaughterhouse Cases :: 83 U.S. 36 (1872) 
United States v. Cruikshank, 92 U.S. 542 (1875)
McDonald v Chicago Amicus Briefs 
Clarence Thomas McDonald v Chicago Opinion (Edit) 

Past Episodes Referenced In This Video:

Clarence Thomas Is Right
Roe v Wade (1973)
Planned Parenthood v Casey (1992)

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Legalese is a podcast that discusses current events in law, politics & culture.

Tags: supreme Court, scotus, due process clause, privileges or immunities clause, 14th amendment, civil rights, clarence thomas, Dobbs, jackson, abortion, originalism, textualism, articles of confederation, article IV, Corfield v Coryell, roe v wade, planned parenthood v casey

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