Text and (What Kind of) History? Panel 5: Text, History, and the Fourteenth Amendment

What are the implications of the Court’s application of text and history for the future of the Fourteenth Amendment, in particular “substantive” due process and equal protection? How might the Court’s approach intersect with historical and interpretative arguments about the Second Founding? And what role might there be for the “privileges or immunities clause” to support the Fourteenth Amendment going forward?