Remember that the doctrine is quite old. Courts of the late 19th century were much closer than we to when the 14th amendment was passed so perhaps there's something to their interpretation.
posted on 05/05/2002 6:05:08 PM PDT
But it wasn't till about the 1920's that the courts started interpreting the 14th that way. Prior to then, they had explicitly rejected such an interpretation.
posted on 05/05/2002 6:18:48 PM PDT
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