"The Constitutional Rights, Privileges, and Immunities of the
American People" explores the idea that the Supreme Court should
radically revise its general theory of constitutional rights and
discusses various aspects of some special theories of
constitutional rights in order to ensure a sufficient universe of
discourse.
As a former deputy district attorney for Los Angeles County,
Guminski gained a wealth of experience in preparing arguments for
appellate courts. Based on his experience and careful research, he
proposes a persuasive theory that explains why some but not all
rights secured against infringement by the United States are also
secured against infringement by the states by both the privileges
or immunities and the due process clauses of the fourteenth
amendment, adopted in 1868. He examines whether national
citizenship before the Civil War was paramount and superior,
addresses the procedural and substantive aspects of the due process
clause, and recites the reasons supporting his general theory.
In presenting the essentials of his theory about how the
Constitution should be judicially construed, Guminski thereby
encourages other citizens to express their own opinions about
constitutional law with the hope that these views may one day have
an impact on the way the Supreme Court interprets the
Constitution.
General
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