Tuesday, March 02, 2010

Barnett on Privileges or Immunities

Over at the Volokh Conspiracy. Law Prof. Randy Barnett, one of my favorites, has been posting periodically about the origins of the Privileges or Immunities Clause of the Fourteenth Amendment. The posts grow out of Prof. Barnett's recently-published article, Whence Comes Section One? The Abolitionist Origins of the Fourteenth Amendment, and in part respond to another recently-released paper, Philip Hamburger, Privileges or Immunities. To date they include Hamburger's "Rough Draft" on Privileges or Immunities, Philip Hamburger Responds on the Original Meaning of the Privileges or Immunities Clause, Jacob Howard Explains Privileges or Immunities, and Chief Justice Taney on the Privileges or Immunities of Citizens of the United States. More posts are on their way, I suspect, so make sure to watch for them.

If I may be so bold, Prof. Barnett's post on Chief Justice Taney makes a point that I noted several years ago in Justice Taney's Understanding of the "Privileges and Immunities of Citizens". See also Justice Curtis's Understanding of the "Privileges and Immunities of Citizens" and Democrats and Whigs on Citizens and Citizenship.

About the illustration:
A crudely drawn anti-Jackson satire, applauding Henry Clay's orchestration of Congressional resistance to the President's plan to withdraw Treasury funds from the Bank of the United States. The print also attacks Vice-President Van Buren's purported manipulation of administration fiscal policy. The title continues, "Shewing the Beneficial Effects of Clay & Co's Highly Approved Congress Water administered to a very old man sick of the Deposite [sic] Fever caused by wearing Van Buren's newly invented Patent Magic High Pressure Cabinet Spectacles." In the center Jackson, wearing dark spectacles, bends over, vomiting papers inscribed "Veto", "Responsibility" and "Message" while Henry Clay (seated at table, left) and Major Jack Downing (laughing, right) look on and comment. Clay holds a bottle, having just administered his "Congress Water" to Jackson: "'Tis good Chieftain 'twill bring forth Offensive matter." Downing: "...I kinder hinted To the Jinerl I ges'd Congress-Water and Responsibility wouldn't agree on his Stomach. The Jineral says to me says he 'Major that Clay is a bold impudent feller and will speak out his mind if the Divil stands at the Door." Jackson: "Devil Take the Treasury and my Secretary Too." Behind him, the Devil walks toward the door with Treasury Secretary Roger B. Taney and a sack "$200,000,000 United States Treasures" slung over his back. The image alludes to Congress's refusal to confirm Taney as Treasury Secretary.

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