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

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Greenwood Publishing Group, 2003 - Law - 171 pages
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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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Contents

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
Copyright

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About the author (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).

Bibliographic information