In his new book, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship, Prof. Lash presents the history surrounding the addition of the Privileges or Immunities Clause of the Fourteenth Amendment in 1868. This exhaustively researched book follows the evolution in public understanding of “the privileges and immunities of citizens of the United States,” from the early years of the Constitution to the critical national election of 1866. For the first 92 years of our nation's history, nothing in the American Constitution prevented states from abridging freedom of speech, prohibiting the free exercise of religion, or denying the right of peaceful assembly. The suppression of freedom in the southern states convinced the Reconstruction Congress and the supporters of the Union to add an amendment forcing the states to respect the rights announced in the first eight amendments. But rather than eradicate state autonomy altogether, the people embraced the Fourteenth Amendment that expanded the protections of the Bill of Rights and preserved the Constitution's original commitment to federalism and the principle of limited national power.
Pressor Kurt Lash, Guy Raymond Jones Chair in Law and Director, Program in Constitutional Theory, History, and Law is joined by critical commenter Elizabeth Price Foley, Professor of Law at the Florida International University School of Law.
Limited Government and the Bill of Rights takes a novel approach to the constitutional connection between the Bill of Rights and principles of limited government. Author Patrick Garry proposes that the Bill of Rights should be viewed primarily as limiting the power of government rather than protecting of the autonomy interests of individuals. He argues that this limited government approach is ultimately the best way to maximize individual liberty, and limits judicial overreach by denying Courts the power to create and enforce expansive, autonomy-based rights.
Professor Garry, Professor of Law and Director of the Hagemann Center for Legal & Public Policy Research at the University of South Dakota School of Law, is joined by critical commenter Lee Strang, Professor at the University of Toledo College of Law, to discuss the book.
First Amendment Institutions proposes a new approach to enforcing First Amendment laws by arguing that institutions who exercise First Amendment freedoms should have more autonomy to regulate their own affairs, as the courts and a “top-down rules” approach insufficiently account for the complexity of real-world situations. Author Paul Horwitz suggests that such an approach would enhance these institutions’ role in social and political life, thus making the state a part of our social framework as opposed to an overbearing sovereign.
Horwitz, the Gordon Rosen Professor of Law at the University of Alabama School of Law, is joined by critical commenter Marc DeGirolami, Associate Professor of Law at St. John’s University School of Law, to discuss the book.
With the 2012 presidential election now behind us, the unique American presidential election system is fresh in the mind of the public. Some dismiss the Electoral College as outdated, arguing that the system should be replaced by direct popular vote.
Enlightened Democracy: The Case for the Electoral College author Tara Ross provides an overview of the history of the Electoral College from the Founding Era to the present, defending the College as an institution and explaining how it protects our republic and promotes liberty. This second edition includes a section discussing the National Popular Vote legislative effort.
Derek Muller, Associate Professor at Pepperdine University School of Law, interviews Ms. Ross about her book.
In Search of Jefferson’s Moose: Notes on the State of Cyberspace explores the “new world” of cyberspace: what it is, how it ?works, and what laws it should have. Author David Post compares Thomas Jefferson’s thoughts on the New World in Notes on the State of Virginia to the internet, drawing out the similarities and differences between the two “new worlds,” and presents Jefferson’s ideal--small self-governing groups loosely joined together and forming groups of increasingly large size--as a model for self-government in cyberspace.
David Post, a Professor of Law at Temple University Beasley School of Law, is joined by critical commenter Eugene Volokh, the Gary T. Schwartz Professor of Law at UCLA School of Law, to discuss the book.