[EL] Query re civil and political rights

[Samuel Bagenstos]

I just a similar query to the conlaw list, so apologies if you're getting this twice.  Could knowledgeable folks on this list recommend an especially canonical or well done defense, from the decades surrounding the Civil War, of extending "political" rights to a narrower class of people than are entitled to "civil" rights?  I'm not just looking for something that makes a particularistic argument about why a particular class of people shouldn't get political rights (by, for example, asserting that a particular group is incapable of exercising those rights or is virtually represented), but for something that takes the argument up a level of abstraction and explains why the classes of civil and political rightsholders shouldn't be coextensive in general.  TIA.

Samuel R. Bagenstos
Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109
sambagen at umich.edu
http://www.law.umich.edu/FacultyBio/Pages/FacultyBio.aspx?FacID=sambagen
http://disabilitylaw.blogspot.com/
Twitter: @sbagen






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