Abstract
While it seems unlikely that the Court will soon engage in a wholesale revision of its Fourteenth Amendment jurisprudence by abandoning the Due Process Clause in favor of the Privileges or Immunities Clause as a source of the substantive guarantee for certain fundamental rights, the possibility suggested by Saenz presents intriguing questions for constitutional scholars interested in the original meaning of the Fourteenth Amendment. As this Article has attempted to demonstrate, however, even if the Court does abandon the Due Process Clause in favor of the Privileges or Immunities Clause, the alterations such a switch might entail in the Court's Fourteenth Amendment jurisprudence still remain unclear. This is unfortunate. Displacement of the Due Process Clause with the Privileges or Immunities Clause might go a long way toward clarifying the Court's arguably convoluted Fourteenth Amendment jurisprudence.
Recommended Citation
Smith, Douglas G.
(2001)
"A Return to First Principles? Saenz v. Roe and the Privileges or Immunities Clause,"
Utah Law Review: Vol. 2000:
No.
2, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol2000/iss2/7