Corpus ID: 156034352

The Unitary Fourteenth Amendment

  title={The Unitary Fourteenth Amendment},
  author={David H. Gans},
  journal={U.S. Constitutional Law: Rights \& Liberties eJournal},
  • David H. Gans
  • Published 2007
  • Political Science
  • U.S. Constitutional Law: Rights & Liberties eJournal
Modern constitutional law routinely treats the three core protections of Section 1 of the Fourteenth Amendment - the Privileges or Immunities Clause, the Equal Protection Clause, and the Due Process Clause - in isolation. This article argues that these provisions are in fact interlocking safeguards of equal citizenship, and that courts should interpret them accordingly. This Article's unitary reading of the Fourteenth Amendment would alter constitutional doctrine in two important ways. First… Expand
2 Citations


A similar concern with stereotypical judgments underlies the Court's race cases. See Miller v
  • 1979
For recent statements of this principle
    State actors controlling gates to opportunity . . . may not exclude qualified individuals based on 'fixed notions concerning the roles and abilities of males and females