On the 25th of June, 1778, the Articles of Confederation being under consideration by the Congress, the delegates from South Carolina moved to amend this fourth article, by inserting after the word 'free,' and before the word 'inhabitants,' the word 'white,' so that the privileges and immunities of general citizenship would be secured only to white persons. Two States voted for the amendment, eight States against it, and the vote of one State was divided. The language of the article stood unchanged, and both by its terms of inclusion, Tree inhabitants,' and the strong implication from its terms of exclusion, 'paupers, vagabonds, and fugitives from justice,' who alone were excepted, it is clear, that under the Confederation, and at the time of the adoption of the Constitution, free colo...
Despite the compelling significance of Corfield v. Coryell, legal scholars have largely failed to give Corfield much attention. After surveying the scholarly treatment of Corfield this note begins the study with a sketch of the understanding of the Privileges and Immunities Clause that prevailed before Corfield. In Part II, the Framers' understanding of the provision is briefly examined; in Part III, some of the important questions that the Framers left unanswered are discussed; and, in Part IV, the ways in which courts grappled with the clause prior to the Corfield decision are examined. In Part V, the longest part, a detailed analysis of Justice Bushrod Washington's opinion is presented. In the concluding part, this note considers in what way this opinion sheds light on the original ...
Clause 1. State Citizenship: Privileges and Immunities . Clause 1. The Citize...
Originalists like Justice Scalia have always considered constitutional amendments as essential to capturing original constitutional meaning; indeed, originalists have long insisted that constitutional amendment is the only legitimate way to bring about constitutional change. [...] when originalists speak of "the Constitution" they necessarily include amendments to the Constitution as such amendments may legitimately alter constitutional meaning.
... from Section I of the amendment - the Privileges or Immunities Clause and the Due Process Clause - ...citizenship and insisted they had "no rights which the white m...
... claim that the ordinance violated the Privileges and Immunities Clause of Art. IV of the Federal Co... discriminate on the basis of state citizenship, but also to laws that discriminate on the basis o...
This Essay addresses a topic of great academic and practical interest currently facing the Supreme Court: whether the Privileges or Immunities Clause, which has lain dormant since the Court's ill-conceived 1873 Slaughter-House Cases decision, should be resurrected in order to apply the Second Amendment to the states. The Essay makes the novel argument that the textual basis for the Slaughter-House Court's holding regarding the clause - i.e., the lack of parallel textual construction in the first two sentences of Section 1 of the Fourteenth Amendment regarding citizenship) - was in fact the wholly unintentional product of what we might call "attrition of parliamentary processes." This analysis is not new to the Supreme Court. Borrowed from an oral argument made before the U.S. Supreme Co...
§ 25.1 The Thirteenth Amendment. § 25.2 The Fourteenth Amendment's Citizenship Clause. § 25.3 The Fourteenth Amendment's Privileges or Immunities Clause. § 25.4 The Fifteenth Amendment's Ban on Race Discrimination in Voting.
...Equal Citizenship B. Decisional and Reproductive Autonomy C. Equal S... note 7 (arguing for a rebirth of the Privileges and Immunities Clause as the overarching equal cit...
... conceived as essential attributes or privileges of state citizenship. (13) This latter understandi... rights as examples of privileges and immunities of citizenship within the meaning of Article IV. T...
It's easy to be taken aback by Ekaterina Schoenefeld's modesty in the wake of her success in taking on the power and authority of the state of New York, ending what amounted to a residency requirement that discriminated against out-of-state attorneys. But the Princeton, N.J. solo seems quite content with the simple fact that she was right that the antiquated law had to go.
... law violated her right to enjoy the privileges and immunities of citizenship as guaranteed by the...
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