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Ideas Matter: A Review of John Denvir's Democracy's Constitution

35 Pages Posted: 22 Oct 2016  

Mark N. Aaronson

University of California Hastings College of the Law

Date Written: October 21, 2016

Abstract

In Democracy's Constitution, John Denvir's immediate objective is to reclaim the Privileges or Immunities Clause of the Fourteenth Amendment as constitutional grounding for the development of fundamental rights of American citizenship. His intended audience is both professional and general. While he discusses a number of United States Supreme Court cases to present his views, his focus is not on how most persuasively to affect future judicial interpretations or even conventional doctrinal scholarship. His aim is, instead, to resurrect the Privileges or Immunities Clause as an intellectual foundation for legislative and popular action in ways both consistent with American political ideals and responsive to contemporary social reality. Having an impact on court doctrine is, at most, a secondary concern.

Suggested Citation

Aaronson, Mark N., Ideas Matter: A Review of John Denvir's Democracy's Constitution (October 21, 2016). UC Hastings Research Paper No. 218; 36 University of San Francisco Law Review 937 (2002). Available at SSRN: https://ssrn.com/abstract=2857246

Mark N. Aaronson (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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