Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause

A perennial objection to the constitutional theory known as originalism is its alleged inconsistency with the result in Loving v. Virginia. Judicial and scholarly critics have often cited this inconsistency as a leading argument against what one court called the rigid, originalist view of constitutional interpretation. According to several courts (prompted by the Supreme Court\u27s opinion in United States v. Windsor), just as Loving properly disregarded the original understanding of the Fourteenth Amendment by invalidating laws prohibiting marriage between persons of different races, courts today should likewise set aside historical understandings to invalidate laws inhibiting marriage between persons of the same sex. This article addresses a question that is central to the current marriage litigation: To what extent was Loving v. Virginia a rejection or fulfillment of the original understanding of the Fourteenth Amendment? In answering this question, this article addresses a substantial body of evidence that has been largely overlooked by scholars. This article proceeds in four parts, corresponding to the following conclusions: (1) that before the Fourteenth Amendment, most (but not all) authorities concluded that racial-endogamy laws abridged a pre-existing right recognized at common law, which represented a privilege of citizenship; (2) that during the adoption of the Fourteenth Amendment, both proponents and opponents generally (though not unanimously) declared, acknowledged, or conspicuously failed to deny, that the Fourteenth Amendment would invalidate such laws; (3) that contra the Supreme Court\u27s claim in Casey (and the argument of Virginia\u27s attorneys in Loving), within five years of the Fourteenth Amendment\u27s ratification, racial-endogamy laws were either non-existent or unenforced in a clear majority of the states, in large part because Republican officials-including African-Americans\u27 constitutional entitlement to the status and privileges of citizenship precluded the making or enforcing of such laws; and (4) that the contrary holdings were made by Democratic judges hostile to Reconstruction, whose hostility was frequently manifest in their implausible interpretations of the Fourteenth Amendment. This article will conclude with reflections on how the Supreme Court\u27s decision in the Slaughter-House Cases dealt a serious blow to the Fourteenth Amendment\u27s original meaning and thus, facilitated the renewed making and enforcing of these laws. This history will prove, by a strong preponderance of the evidence, that the Fourteenth Amendment, as understood by the citizens that proposed, ratified, and initially interpreted it, precluded the making or enforcing of state racial-endogamy laws, insofar as such laws prohibited or invalidated marriages between citizens of the United States

The Meanings of the Privileges and Immunities of Citizens on the Eve of the Civil War

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on the eve of the Civil War

The Meanings of the Privileges and Immunities of Citizens on the Eve of the Civil War

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on the eve of the Civil War

Calculation, comparison to simulations, and dependence on survey geometry

An accurate covariance matrix is essential for obtaining reliable cosmological results when using a Gaussian likelihood. In this paper we study the covariance of pseudo-C-l estimates of tomographic cosmic shear power spectra. Using two existing publicly available codes in combination, we calculate the full covariance matrix, including mode-coupling contributions arising from both partial sky coverage and non-linear structure growth. For three different sky masks, we compare the theoretical covariance matrix to that estimated from publicly available N-body weak lensing simulations, finding good agreement. We find that as a more extreme sky cut is applied, a corresponding increase in both Gaussian off-diagonal covariance and non-Gaussian super-sample covariance is observed in both theory and simulations, in accordance with expectations. Studying the different contributions to the covariance in detail, we find that the Gaussian covariance dominates along the main diagonal and the closest off-diagonals, but farther away from the main diagonal the super-sample covariance is dominant. Forming mock constraints in parameters that describe matter clustering and dark energy, we find that neglecting non-Gaussian contributions to the covariance can lead to underestimating the true size of confidence regions by up to 70 per cent. The dominant non-Gaussian covariance component is the super-sample covariance, but neglecting the smaller connected non-Gaussian covariance can still lead to the underestimation of uncertainties by 10-20 per cent. A real cosmological analysis will require marginalisation over many nuisance parameters, which will decrease the relative importance of all cosmological contributions to the covariance, so these values should be taken as upper limits on the importance of each component.Peer reviewe

Social capital, resource constraints and low growth communities: Lifestyle entrepreneurs in Nicaragua

In the context of the connections between lifestyle entrepreneurship and sustainability, we discuss the way in which social capital may partially substitute or compensate for manufactured and natural capital. In terms of methods we use a case study community of lifestyle entrepreneurs in Nicaragua, operating under conditions of material resource constraints and weak formal institutions. We find that social capital is highly important in such a community, with the entrepreneurs adopting a range of effectuation or coping practices that enable them to function. We document these practices and consider the broader implications of such capital substitution, noting the particularities of the case study but also the implications for sustainability and the economics of a materially resource-constrained world. We draw particularly on Bourdieu's conception of social capital, which posits that societies inherently organize for multi-capital accumulation, a proposal that itself has implications for sustainability. We conclude that while significant substitution of social for manufactured and natural capital is feasible in communities with values that are supportive of this, it remains to be seen whether this would be attractive to the wider, consumer society. © 2018 by the authors

Low cardiorespiratory fitness in people at risk for type 2 diabetes: early marker for insulin resistance

<p>Abstract</p> <p>Purpose</p> <p>There is a significant association between insulin resistance and low cardiorespiratory fitness in nondiabetic subjects. In a population with risk factors for type 2 diabetes (T2DM), before they are insulin resistant, we investigated low exercise capacity (VO2max) as an early marker of impaired insulin sensitivity in order to determine earlier interventions to prevent development of insulin resistance syndrome (IRS) and T2DM.</p> <p>Methods</p> <p>Cross-sectional analyses of data on 369 (78 men and 291 women) people at risk for IRS and T2DM, aged 45.6 +/- 10 years (20-65 years) old from the Community Diabetes Prevention Project in Minnesota were carried out. The cardiorespiratory fitness (VO2max) by respiratory gas exchange and bicycle ergometer were measured in our at risk non insulin resistant population and compared with a control group living in the same geographic area. Both groups were equally sedentary, matched for age, gender and BMI.</p> <p>Results</p> <p>The most prevalent abnormality in the study population was markedly low VO2max when compared with general work site screening control group, (n = 177; 137F; 40 M, mean age 40 ± 11 years; BMI = 27.8 ± 6.1 kg/m²). Individuals at risk for IRS and T2DM had a VO2max (22 ± 6 ml/kg/min) 15% lower than the control group VO2max (26 ± 9 ml/kg/min) (p < 0.001). It was foun that VO₂max was inversely correlated with HOMA-IR (r = -0.30, p < 0.0001).</p> <p>Conclusions</p> <p>Decreased VO2max is correlated with impaired insulin sensitivity and was the most prevalent abnormality in a population at risk for IRS and T2DM but without overt disease. This raises the possibility that decreased VO2 max is among the earliest indicators of IRS and T2DM therefore, an important risk factor for disease progression.</p

The Older Population of Texas.

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