Opening Pandora’s Box. The Privileges or Immunities Clause and the Constitution in 2020.
This is a concept I have been pondering for months now. In light of the almost-certain cert grant in NRA v. Chicago, and the Constitution in 2020 Conference at Yale Law School next week (which I will be attending), I am going to post some of my interim thoughts on this topic.
| Print article | This entry was posted by Josh Blackman on September 27, 2009 at 2:18 pm, and is filed under Pandoras Box and Privileges or Immunities. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site. |
about 11 months ago
Aren’t “Pandora’s Box” policy-based concerns irrelevant to unabashed originalists like yourself?
about 11 months ago
I’m not concerned about policy-based concerns in the manner you imply. The only policy I particularly care about is enforcing the original public meaning of the Constitution. If you consider that a policy-based concern, then guilty as charged. This article merely aims to ensure that the original meaning of the Constitution wins out, and progressive detractors cannot obfuscate statist goals behind the veneer of faux-constitutionalism qua the privileges or immunities clause.
about 11 months ago
Ah, so you think Kendall’s brief in NRA is just wrong on the history?
about 11 months ago
Kendall’s brief inspired me to write this article. When I see Randy Barnett partnering with Jack Balkin, I get apprehensive. Perhaps it’s just my paranoia, but my spider senses are tingling.