Introduction

This exhaustively researched book presents the history behind a revolution in American liberty: the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.

Historical Context

It follows the evolution in public understanding of "the privileges and immunities of citizens of the United States", from the early years of the Constitution to the election of 1866.

Legal Developments

For 92 years nothing in the American Constitution prevented states from abridging freedom of speech, prohibiting the free exercise of religion, or denying the right of peaceful assembly.

Reconstruction and the Amendment

The suppression of freedom in the southern states convinced the Reconstruction Congress and supporters of the Union to add an amendment forcing the states to respect the rights announced in the first eight amendments.

Impact and Significance

But rather than eradicate state autonomy, the people embraced the Fourteenth Amendment that expanded the protections of the Bill of Rights and preserved the Constitution's original commitment to federalism and the principle of limited national power.