The newest voice in this cacophony of Fourteenth Amendment choristers is that of Arizona State Law Professor Ilan Wurman. Like the college freshman walking about the quad on “Club Day,” the budding Fourteenth Amendment historian is wooed by the competing voices of the “Libertarian Club,” the “Substantive Due Process Club,” the “Equal Protection Club,” and the “Incorporation Club”-all trying to out-shout one another in their attempt to win the affection of the young academic. Scholars seeking to master commentary on the original meaning of Section One of the Fourteenth Amendment confront a bewildering array of theories and schools of thought. Editor’s Note: This essay previously appeared in the Federalist Society Review.
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