Privileges and Immunities: A Reference Guide to the United States Constitution

Forside
Greenwood Publishing Group, 2003 - 171 sider


The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens. Of course, the history, interpretation, and rulings on Article IV and the Fourteenth Amendment are much more nuanced and controversial. Bogen details the origins and development of the concept of privileges and immunities, and provides an in-depth analysis of the symbiotic relationship between Article IV and the Fourteenth Amendment, detailing the current understanding of the clauses as reflected in the decisions of the Supreme Court.

The author concludes by arguing that the tension between the Framers' intent to protect fundamental human rights and the Court's current confused and inappropriate use of rights language may be resolved by applying customary international human rights to the states. An extensive bibliographic essay and a table of cases are provided to guide further reading on the topic.

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Innhold

A History of Privileges and Immunities of Citizenship from Colonization to the Fourteenth Amendment
1
From the Colonies to Independence
4
The Evolution of Privileges and Immunities in England
6
Principles of the English Constitution and Natural Law
9
Article IVReplacing the King
11
The Privileges and Immunities of Free Citizens
12
Free Ingress and Regress to Other States
14
Effect of the Article
16
Right to Travel
99
Privileges or Immunities
100
The Rejection of Fundamental Rights
101
The Rejection of Incorporation and the Move to the Due Process Clause
107
Federal Privileges and Immunities
123
The Future of Privileges and Immunities
138
Notes
142
Conclusion
147

Adoption and Ratification
17
Privileges and Immunities of Citizens in America Before the Civil War
21
Amendment XIVCitizens of the United States
36
The Thirteenth Amendment and the Civil Rights Act of 1866
38
The Fourteenth Amendment
44
PostEnactment Congressional Debate on the Meaning of the Clause
53
Analysis of the Protection of Privileges and Immunities
67
Privileges No Greater Than a State Decides to Give Its Own Citizens
68
Privileges and Immunities Do Not Include Politics or Public Funding
74
Equalization Procedural Distinctions and Lack of Forum Connection
86
Bibliographic Essay
149
Secondary Source Material
150
Fourteenth Amendment History
151
Controversy Over the SlaughterHouse Cases and Incorporation
154
Article IV Analysis
155
Fourteenth Amendment Analysis
156
Table of Cases
159
Index
163
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Populære avsnitt

Side 13 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Side 34 - ... so far inferior that they had no rights which the white man was bound to respect; and that the Negro may justly and lawfully be reduced to slavery for his benefit.
Side 14 - States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively...
Side 24 - ... the right of a citizen of one State to pass through, or to reside in, any other State for purposes of trade, agriculture, professional pursuits, or otherwise...
Side 49 - ... shall have the same right in every State and Territory in the United States to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary...
Side 103 - ... fetter and degrade the state governments by subjecting them to the control of Congress, in the exercise of powers heretofore universally conceded to them of the most ordinary and fundamental character...
Side 103 - But when, as in the case before us, these consequences are so serious, so far-reaching and pervading, so great a departure from the structure and spirit of our institutions ; when the effect is to fetter and degrade the State governments by subjecting them to the control of Congress in the exercise of powers...
Side 35 - For if they were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police regulations which they considered to be necessary for their own safety.
Side 70 - Its sole purpose was to declare to the several States, that whatever those rights, as you grant or establish them to your own citizens, or as you limit or qualify, or Impose restrictions on their exercise, the same, neither more nor less, shall be the measure of the rights of citizens of other States within your jurisdiction.
Side 92 - There are privileges that may be accorded by a State to its own people in which citizens of other States may not participate except in conformity to such reasonable regulations as may be established by the State. For instance, a State cannot forbid citizens of other States from suing in its courts, that right being enjoyed by its own people ; but it may require a non-resident, although a citizen of another State, to give bond for costs, although such bond be not required of a resident. Such a regulation...

Om forfatteren (2003)

DAVID SKILLEN BOGEN is Professor of Law at the University of Maryland School of Law. He is the author of Bulwark of Liberty: The Court and the First Amendment (1984).

Bibliografisk informasjon