It all started with Kurt T. Lash’s critique on a new book entitled, Overruled: The Long War for the Control of the Supreme Court by Damon Root. Since then think tanks and liberal blogs, such as the Huffington Post, are weighing in on the 14th Amendment, and particularly, the privileges and immunities clause.
This debate is enlightening for a layperson, such as me, wading through the morass of modern judicial activism, biased academia, journalistic utopian philosophy, and historical fiction. The 14th Amendment encapsulates all the above and we can all thank Rep. John Bingham and his ambiguous first section for this legalistic swamp gas.
I for one agree with Mr. Lash’s constitutional federalism assessment. Here is an excerpt from his latest review:
Recently, I critically reviewed Damon Root’s new book, (see Part 1 and Part 2). In response, Root and others have now taken to the blogosphere in defense of the book and of libertarian constitutionalism. Unfortunately, Root just digs a deeper hole and his defenders only illustrate the problem with libertarian readings of the Privileges or Immunities Clause.
To read what others are saying about this debate click the links below: