The Second Founding: Originalism and the Fourteenth Amendment

The Fourteenth Amendment is now over 150 years old. The Supreme Court has long rejected interpreting that Amendment with its original meaning. But what would an originalist interpretation of the Amendment look like? Would it be unworkable for modern problems? In this talk, Ilan Wurman, an associate professor at the Sandra Day O’Connor College of Law at Arizona State University, argues not only that we should reclaim the original meaning of the Fourteenth Amendment, but that doing so would lead to many desirable and surprising results. Professor Wurman argues that the privileges or immunities clause is not, like many originalists claim, a fundamental rights provision, but is instead an anti-discrimination provision. The implications for incorporation, economic liberty, school desegregation, and gay rights may surprise you. Commentary will be provided by Brady Williamson (IGS). Lunch will be provided.