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The Equal Protection Clause: Its Framers’ Intent and the Contemporary Mind

Winter, Ralph
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Faculty Scholarship Series
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Abstract
One should begin an analysis of the Equal Protection Clause by viewing it in the context of the political philosophy prevailing at the time of its enactment, a political philosophy that is very different from the one prevailing today. The Equal Protection Clause was controversial then, not because of its substantive terms, rights was the real issue. We thus may have fewer historical clues regarding the framers' intent than what we might otherwise have had, in part because of the underlying nature of the federalism controversy.
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http://hdl.handle.net/20.500.13051/1321