Nathan Chapman (University of Georgia School of Law) has posted Constructing the Original Scope of Constitutional Rights (88 Fordham Law Review Online, 2019) (14 pages) 0n SSRN. Here is the abstract:
In this solicited response to Ingrid Wuerth's "The Due Process and Other Constitutional Rights of Foreign Nations," I explain and justify Wuerth's methodology for constructing the original scope of constitutional rights. The original understanding of the Constitution, based on text and historical context, is a universally acknowledged part of constitutional law today. The original scope of constitutional rights — who was entitled to them, where they extended, and so on — is a particularly difficult question that requires a measure of construction based on the entire historical context. Wuerth rightly proceeds one right at a time with a careful consideration of the legal history of the judicial rights of foreign states.
Here is my earlier post on Professor Wuerth's outstanding paper.
Posted at 6:31 AM