Race: Less

It is important to read Slaughterhouse carefully. The case is known for destroying the possibility that any fundamental rights, or Bill of Rights rights, would be recognized as "incorporated." But does the opinion actually do that? Does it resolve the question as to the 2d Amendment? Or first? And what does it mean by "federal law" as being within the Privileges or Immunities of the 14th Amendment? Does the opinion do anything more than negate the possibility of unenumerated rights being recognized as federal Privileges or Immunities? 

To the extent Miller is changing the original understanding, is there a fidelity to role justification? 

The two Cruikshank opinions are very important to the understanding this casebook (and the book) are trying to teach. Spend some time understanding the conceptual space he is describing. Which rights are created by the Constitution, and which rights are simply recognized? How does that difference matter? What would it say about the scope of Congress's 13th and 15th Amendment powers? 

Then think about why Chief Justice Waite's opinion is so obtuse and obscure. Is there a purpose served by obscurity?  -LL