The Privileges or Immunities Clause was meant to be one of the key liberty-protecting provisions of the Fourteenth Amendment. The Clause says: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” That sounds like a big deal, right? It’s not. The Clause has been virtually read out of the Constitution, and for people trying to vindicate their civil rights in court, it’s been of little practical use. That story—the near redaction of the Clause—begins with the Slaughterhouse Cases, which the U.S. Supreme Court decided in 1873.

On Episode Three of Bound By Oath: What rights were the Framers of the Fourteenth Amendment seeking to protect through the Privileges or Immunities Clause? And what happened to the Clause?

More resources here: https://ij.org/sc_long_podcast/all-but-redacted-the-privileges-or-immunities-clause/

Recent Episodes

Short Circuit 453 | 100 Years of Zoning

With a live audience in Cambridge, Massachusetts, we mark (not celebrate) the 100th anniversary of Village of Euclid v. Ambler Realty, where the Supreme Court […]

Listen Now

Short Circuit 452 | Election Law Special!

Vote early. But maybe don’t vote often? That’s the bottom line from Short Circuit’s biannual election special. With the 2026 General Election only days away, […]

Listen Now

Short Circuit 451 | Tales from the Tenth

Short Circuit visited the Tenth Circuit Bench and Bar Conference in Colorado Springs. Between gin and tonics at the Broadmoor hotel we heard from a […]

Listen Now