Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2019 The Privileges or Immunities Clause Abridged: A Critique of Kurt Lash on the Fourteenth Amendment Randy E. Barnett Georgetown University Law Center,
[email protected] Evan Bernick Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/2147 https://ssrn.com/abstract=3348680 Notre Dame Law Review, Vol. 95, Issue 2, 499. This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, and the Fourteenth Amendment Commons \\jciprod01\productn\N\NDL\95-2\NDL201.txt unknown Seq: 1 7-JAN-20 14:29 THE ORIGINAL MEANING OF “PRIVILEGES OR IMMUNITIES” THE PRIVILEGES OR IMMUNITIES CLAUSE, ABRIDGED: A CRITIQUE OF KURT LASH ON THE FOURTEENTH AMENDMENT Randy E. Barnett* & Evan D. Bernick** The Privileges or Immunities Clause of the Fourteenth Amendment reads: “No State shall make or enforce any law which shall abridge the privi- leges or immunities of citizens of the United States . .”1 Upon confronting this language, the first question most ask is what exactly are the “privileges or immunities of citizens of the United States”? It was this very question that Justice Ruth Bader Ginsburg put to attorney Alan Gura during oral argument in McDonald v. City of Chicago,2 as he was urging the Court to revive the Privi- leges or Immunities Clause to protect the right to keep and bear arms.3 “But I really would like you to answer the question that you didn’t have an oppor- tunity to finish answering, and that is: What other .