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.

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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.