The Cato Institute's amicus brief in Lawrence made the privileges or immunities clause argument. http://www.cato.org/pubs/legalbriefs/garnervtexas.pdf
Michael R. Masinter 3305 College Avenue Nova Southeastern University Fort Lauderdale, Fl. 33314 Shepard Broad Law Center (954) 262-6151 [EMAIL PROTECTED] Chair, ACLU of Florida Legal Panel On Fri, 11 Jul 2003, Robert Justin Lipkin wrote: > If I understand the idea of "a libertarian revolution" correctly--I > have not yet read Randy's article--it applies to emphasizing the liberty > associated with the due process clause. Right? What about grounding the revolution > in the privileges or immunities? Resurrecting the privileges or > immunities--which might be desirable in itself--might have (though not necessarily) > the added > advantage of precluding Lochnerized objections to liberty /due process > analysis. I recall Michael Perry and David Richards urging such a resurrection, and, > of course, Justice Thomas has indicated his approval of this move, but > perhaps for different reasons. Of course, one would need to argue this in greater > detail, but the privileges or immunities clause also seems a hospitable > (normative) home for both positive and negative rights, though there would certainly > be historical arguments against this. > > Bobby Lipkin > Widener University School of Law > Delaware >
