Dying Constitutionalism and the Fourteenth Amendment
In a forthcoming essay, “Dying Constitutionalism and the Fourteenth Amendment,” Professor Ernest Young assesses how that amendment got “off track” from its promise of liberty and equality for black Americans shortly after its ratification, as evidenced by the rise of Jim Crow in the South and “consolidation” of racial discrimination in the North, and offers it as a “test case” for living constitutionalism. Young, the Alston & Bird Professor of Law and co-director of the Program in Public Law, writes that “the notion of a ‘living Constitution’ often rests on an implicit assumption that important constitutional values will ‘grow’ in such a way as to make the Constitution more attractive over time. But there are no guarantees: What can grow can also wither and die.” Young presented his essay as the 2018 Robert F. Boden Lecture at the Marquette University Law School on Sept. 20.
Professor Ernest Young is a leading authority on the constitutional law of federalism. He teaches constitutional law, federal courts, and foreign relations law. He also is an active commentator on foreign relations law, where he focuses on the interaction between domestic and supranational courts and the application of international law by domestic courts.