Ideas Matter: A Review of John Denvir's Democracy's Constitution
35 Pages Posted: 22 Oct 2016
Date Written: October 21, 2016
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.
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