The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

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Jennifer R. Mercieca

Texas A&M University

© 2015, Jennifer R. Mercieca

Notes

[1] Lash, vii–viii. The “privileges or immunities” section of the Fourteenth Amendment reads:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

[2] See Lash, 137–41.

[3] James Jasinski, “Instrumentalism, Contexualism, and Interpretation in Rhetorical Criticism,” Rhetorical Hermeneutics: Invention and Interpretation in the Age of Science, Alan G. Gross and William M. Keith, Eds (Albany, NY: State University of New York Press, 1997), 195–224, 205.

[4] Jasinski, “Instrumentalism,” 214.

[5] “consent, v.” OED Online. June 2014. Oxford University Press. http://www.oed.com.lib-ezproxy.tamu.edu:2048/view/Entry/39518?rskey=rWMeoR&result=2&isAdvanced=false (accessed September 7, 2014).

[6] Thomas Jefferson to Benjamin Rush, January 16, 1811. For a thorough discussion of why Jefferson placed Locke in his pantheon, see Douglas Adair, Fame and the Founding Fathers.

[7] John Locke, The Second Treatise on Civil Government (Amherst, NY: Prometheus Books, 1986), 54.

[8] Locke, Second Treatise, 67.

[9] Locke, Second Treatise, 55.

[10] Locke, Second Treatise, 55–56.

[11] Locke, Second Treatise, 117–18

[12] Locke, Second Treatise, 121.

[13] All quotations appear in Thomas Jefferson to James Madison, September 6, 1789, The Republic of Letters, 631–36.

[14] All quotations appear in James Madison to Thomas Jefferson, February 4, 1790, The Republic of Letters, 650–53.

[15] See Robert Asen, “A Discourse Theory of Citizenship,” Quarterly Journal of Speech, 90 (2004): 189–211; Christian Kock and Lisa Villadsen, eds. Rhetorical Citizenship and Public Deliberation (University Park, PA: Pennsylvania State University Press, 2012).