- Video
What About Rights Didn't the Founders Recognize?
What does an Originalist do when forced to evaluate concepts that the Founders couldn’t have anticipated? Professor Michael McConnell discusses unenumerated rights that are not specified in the Constitution. In particular, he explains how the Privileges and Immunities Clause was designed to bring about national consensus on issues with a longstanding history of interpretation. Rather than giving courts the power to find and enforce novel rights, the Clause is supposed to bring varying state interpretations into alignment with well-established practices. https://youtube.com/watch?v=86e7uYS8MmE