Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick in their new book The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit, the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.
On today’s episode, they join us to answer questions as simple as; what is the fourteenth amendment, and why is it possibly one of our most important? As well as more complex ones, including; does the equal protection clause guarantee positive rights? And what can libertarians learn from the anti-slavery Republicans who wrote the 14th Amendment?
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