Text and History Narratives

The Gem of the Constitution

In December 2008, CAC released the first narrative in its Text and History series. This narrative tells the sad story of the Privileges or Immunities Clause of the Fourteenth Amendment, which was supposed to be the centerpiece of the Fourteenth Amendment and the critical constitutional language that guarantees the fundamental rights of all Americans. Instead, the Supreme Court wrote it out of the Constitution in 1873 and it has lain dormant ever since. The report argues for a reconsideration of the Clause and its critical role of protecting fundamental rights and liberties.

Summary

In December 2008, CAC released the first narrative in its Text and History series. This narrative tells the sad story of the Privileges or Immunities Clause of the Fourteenth Amendment, which was supposed to be the centerpiece of the Fourteenth Amendment and the critical constitutional language that guarantees the fundamental rights of all Americans. Instead, the Supreme Court wrote it out of the Constitution in 1873 and it has lain dormant ever since. The report argues for a reconsideration of the Clause and its critical role of protecting fundamental rights and liberties.

On January 14, CAC joined the NAACP Legal Defense Fund, the Mexican American Legal Defense and Education Fund, and the American Constitution Society, in co-sponsoring The Road from Lincoln to Obama: the Constitution and the New Birth of Freedom. This panel, held at the National Press Club, featured leading historians, constitutional law experts, and civil rights leaders discussing how the “new birth of freedom” took form in the Civil War Amendments, how those Amendments have been interpreted (and in some cases misinterpreted) since their ratification, and how their promise can be better fulfilled today. You can watch remarks from CAC’s Founder and President, Doug Kendall, who was a member of the panel above.

Watch the full panel here.

More from Civil and Human Rights

Civil and Human Rights
November 9, 2026

CAC Release: Supreme Court Precedent and Constitutional History Both Support Access to Court When Prison Staff Violate the Eighth Amendment

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Nielsen v....
By: Joshua Blecher-Cohen, David H. Gans
Civil and Human Rights
November 3, 2026

Inside the Supreme Court case that could decide Title IX employee protections

Higher Ed Dive
CAC’s Miriam Becker-Cohen spoke to Higher Ed Dive about Crowther v. Board of Regents of the...
Civil and Human Rights
November 3, 2026

CAC Release: St. Mary Catholic Parish’s Request to Discriminate Runs Afoul of Constitutional Text and History, As Well As Supreme Court Precedent

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in St. Mary...
By: Joshua Blecher-Cohen, David H. Gans, Praveen Fernandes
Civil and Human Rights
U.S. Court of Appeals for the Third Circuit

Williams v. Huner

In Williams v. Huner, the U.S. Court of Appeals for the Third Circuit is considering whether a Pennsylvania prison’s failure to provide a prisoner with rigid neck and wrist braces and effective pain medication violated...
Civil and Human Rights
U.S. Court of Appeals for the Fourth Circuit

Womble v. Patel

In Womble v. Patel, the U.S. Court of Appeals for the Fourth Circuit is considering whether a North Carolina prison’s failure to provide a prisoner with a hearing-aid battery violated the Americans with Disabilities Act.
Civil and Human Rights
U.S. Supreme Court

St. Mary Catholic Parish v. Roy

In St. Mary Catholic Parish v. Roy, the Supreme Court is considering whether the Free Exercise Clause requires Colorado to allow religious preschool providers to join its state-funded universal preschool program even though they refuse...