The Volokh Conspiracy
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Exciting Conference on the 150th Anniversary of the Fourteenth Amendment, Sept. 21
Ratified 150 years ago, the 14th Amendment has been called America's "Second Founding." The Bill of Rights provides crucial liberty protections against the federal government, but it is the 14thAmendment that provides federal protection against state and local governments taking freedoms away.
On September 21st, the Institute for Justice and the Liberty and Law Center at Antonin Scalia Law School will co-host a Symposium to bring together legal scholars, historians, and litigators to discuss and debate the 14th Amendment's history, meaning, and future. You can see a full conference schedule and register here.
Among the highlights of the Symposium will be a reargument of a crucial and controversial Supreme Court opinion interpreting the Fourteenth Amendment, the Slaughterhouse Cases, featuring Hon. Elbert Lin (Hunton Andrews Kurth; former Solicitor General of West Virginia) and Hon. Dominic Draye (Solicitor General of Arizona, S.G.), arguing before a panel composed of Hon. Judge Douglas H. Ginsburg (D.C. Circuit), Hon. Judge Timothy M. Tymkovich (Tenth Circuit), and Hon. Dale Wainwright (Greenberg Traurig, former Justice, Texas Supreme Court).
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It was intriguing when I read The Federalist Papers for the first time to see that the authors imagined the states protecting their citizens from Federal abuses and not vice versa.
Some areas that should be explored is how a shift toward originalism on the SC will affect jurisprudence in lower courts, especially if the privileges or immunities clause is reinstated, and whether the SC will begin finding unenumerated rights, and incorporate them for the states.