Anyone Care About Economic Liberty Anymore? George Thomas on the 14th Amendment
"To take the original meaning of the Fourteenth Amendment
seriously is to take economic liberties seriously," says George
Thomas, an associate professor of government at
Claremont McKenna College.
Thomas notes that, for most of our nation's history, there wasn't a
rigid distinction between civil and economic liberties. The Bill of
Rights treated them all as fundamental rights, and, as can be seen
in the famous passage, the Fourteenth Amendment continued this
tradition: "No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws."
Thomas explains that the separation between civil and economic
liberties began during the Franklin Roosevelt era, when various
economic liberties seemed to be written out of the Constitution. He
shows how recent Supreme Court decisions, such as in Kelo v.
City of New London, which granted governments wider economic
domain powers, and McDonald v. Chicago, which extended the
Second Amendment right to "keep and bear arms" to states and
localities, figure in to how America defines and protects
fundamental rights and economic liberties.
Approximately 10 minutes.
Interview by Sam Corcos. Shot and edited by Hawk Jensen.
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