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Executive Summary
Shortly after the Civil War, the American people amend-
ed the Constitution in an effort to better protect individu-
als against state violations of their rights. Under the
Privileges or Immunities Clause of the new Fourteenth
Amendment, constitutional guarantees against the federal
government could be raised for the first time against state
governments as well. Although targeted initially against
the "black codes" that were emerging in the postwar South,
the amendment was written broadly to protect all Americans.
Introduction
Notes
11. Ibid.
46. "[T]he notion that the common law embodied right rea-
son furnished from the fourteenth century its chief claim
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54. Ibid.
55. See, for example, Curtis, pp. 26-56, passim; see also
Reinstein, pp. 393-410.
1955).
88. Bork, p. 180. The quotes from Bork that follow are
from pp. 180-82 (emphasis added).
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