David Upham - Research Insights

David Upham, Constantin College

David Upham"Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause."

In the Author's Words
Among jurists, there is a widespread belief that the authors of the Fourteenth Amendment did not expect it would adversely affect “anti-miscegenation” (or racial-endogamy) laws. To cite perhaps the most prominent example, the Supreme Court in Planned Parenthood v. Casey relied chiefly on this conclusion to resist the “tempting” view that the Fourteenth Amendment should be interpreted consistent with its original understanding:

“Marriage is mentioned nowhere in the Bill of Rights and interracial marriage was illegal in most States in the 19th century, but the Court was no doubt correct in finding it to be an aspect of liberty protected against state interference by the substantive component of the Due Process Clause in Loving v. Virginia, 388 U. S. 1, 12 (1967).”

This study challenges this conclusion by considering substantial historical evidence, much of which has not been addressed by contemporary legal scholars. This study proves, by a strong preponderance of the evidence, that the Fourteenth Amendment, as understood by the officials that proposed, ratified, and initially interpreted it, precluded the making or enforcing of racial-endogamy laws, insofar as such laws prohibited or invalidated interracial marriages between citizens of the United States.

David R. Upham. "Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause." 42 Hastings Const'l L. Q. 213 (2015).

Faculty Profile: David Upham

News

UD Announces 2018 Distinguished Alumni

The University of Dallas has announced the recipients of the 2018 Distinguished Alumni Award -- the highest honor the university can bestow on its alumni. The Distinguished Alumni Award recognizes alumni who have demonstrated sustained and distinguished accomplishments and contributions to any field of human endeavor.

+ Read More

UD in the Community: Lamberti's Carries On Tradition

Its connection to UD helps the alumnus-owned Lamberti's fulfill its three pillars: local, tradition and famiglia. Lamberti's was the vendor for this year's Groundhog "Party in the Park" celebration; additionally, Lamberti's is looking into carrying Due Santi Rosso wine from UD's own vineyard on the Eugene Constantin Campus.

+ Read More

University of Dallas Dedicates Cardinal Farrell Hall -- Its New 'Front Door'

The University of Dallas community gathered on Friday, Feb. 2, 2018, for the formal blessing and opening of Cardinal Farrell Hall, named after our former bishop of Dallas, previous chancellor and longtime friend of the university, Kevin Cardinal Farrell. The opening of the new student-focused building marks the completion of one of several capital projects, a part of a broader institutional effort to transform the university's Irving campus.

+ Read More