A minimalist approach to the Fourteenth Amendment

Article Abstract:

Originalist interpretation of the Fourteenth Amendment should result in a minimalism view of the rights that must be guaranteed by the states. Nonoriginalists have argued that all rights, including the right to vote and to serve on a jury, must be protected equally for all individuals under the Fourteenth Amendment. Historical evidence does not support this interpretation. Legislative history indicates that granting blacks the right to vote was explicitly rejected and that Congress was opposed to making the amendment available to broad interpretation.

Equality before the law, Equal protection, Political rights

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The impact of the constitutional revolution of 1937 on the dormant commerce clause - a case study in the decline of state autonomy

Article Abstract:

The US Supreme Court's 1937 decisions in West Coast Hotel Co. v. Parrish and NLRB v. Jones & Laughlin Steel Corp. signaled the start of a decline in state autonomy in Dormant Commerce Clause jurisprudence. The legal basis for the court's move away from state autonomy is, however, unclear and the assumption that local solutions for problems national in scope are inappropriate may be misguided. Several post-1937 cases are discussed.

Federalism, Interstate commerce, Liberty of contract, Freedom of contract

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Gender discrimination and the original understanding

Article Abstract:

The crafters of the Fourteenth Amendment did not intend for the law to encompass discrimination based on gender. As such, the decision in Bradwell v. Illinois, despite its obvious ramifications, was consistent with legislative intent. The crafter of Section One, which includes the Privileges and Immunities Clause, actually noted that states were free to limit the ownership rights of women.

Cases, Sex role, Sex roles, Sex discrimination

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