ISSN 1062-7421
Vol. 12 No. 1 (January 2002) pp. 46-47.
DEMOCRACY'S CONSTITUTION: CLAIMING THE PRIVILEGES OF AMERICAN CITIZENSHIP by John Denvir. Urbana: University
of Illinois Press, 2001. 145 pp. Cloth $24.95. ISBN: 0-2520-2665-9.
Reviewed by Henry Flores, Department of Political Science, St. Mary's University (Texas).
Professor John Denvir has produced an interesting, succinct volume that addresses certain constitutional issues
that the federal courts have been "dancing around" since MARBURY v MADISON. At issue is an attempt at
defining the "privileges and immunities" enjoyed by American citizens under the Constitution of the United
States. The author argues that, beginning with the SLAUGHERHOUSE CASES (1873) when the Supreme Court took a narrow
approach to this important Fourteenth Amendment clause, the Supreme Court generally has failed to address exactly
what the clause means. Also, as the author's argument unfolds, one suspects that if the courts were to address
the issue surrounding the specificities of privileges and immunities they would open a proverbial "Pandora's
Box" of civil rights debates.
Unlike the courts, John Denvir clearly points out what he thinks are certain very specific privileges that citizens
should enjoy in the United States. Although the privileges are specifically stated, one in each chapter, he argues
that courts should go beyond just a mere statement of these privileges. In fact, leaving the definition of the
privileges solely to courts and attorneys will deny a discussion on the qualitative essence of these privileges.
After all, the author argues, leaving a definition of
these privileges to the courts has resulted in the complete avoidance of a discussion of these over-looked areas
of constitutionally protected rights. This is his argument through Chapter One of this too short volume.
Denvir outlines each privilege he champions in great detail. He argues that each of the privileges, the opportunity
to earn a living, the right to a first rate education, the protection of one's speech, and a vote that counts were
implied when the Framers composed the original Constitution. The first two privileges form the core of his argument
in that lacking these two one cannot fulfill the rights set forth in the Declaration of Independence as "life,
liberty, and the pursuit of happiness." Although the First Amendment generally protects speech, the political
speech of the average citizen is buried beneath the weight of corporate speech that is bolstered by large
amounts of campaign contributions. The author feels that this negates the speech privilege of the average citizen
and can only be rectified through extensive campaign finance reform. Finally, he argues for a type of proportional
representational system, echoing Lani Guinier, as a fairer way of electing the representatives of the people to
various legislative bodies. The author concludes his work by arguing for an evenhanded application of the equal
protection clause. Not the way it is currently being interpreted by the Rehnquist Court but in a manner that substantively
extends the protection of law to those more in need of it than ever before.
Page 47 begins here
This book is a much needed and refreshing addition to the study of Civil Liberties and Constitutional Law generally.
Professor Denvir intends for this work to be for professional and general audiences and he has written it skillfully
enough to do just that. I, for one, strongly recommend it for undergraduate and graduate students and legal studies
scholars.
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Copyright 2002 by the author, Henry Flores.