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The Privileges or Immunities Clause of the Fourteenth Amendment to the United States Constitution is unique among constitutional provisions in that some scholars believe it was substantially read out of the Constitution in a 5–4 decision of the Supreme Court in the Slaughter-House Cases of 1873. [13]
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
In the federal circuit court case of Corfield v.Coryell, [1] Justice Bushrod Washington wrote in 1823 that the protections provided by the clause are confined to privileges and immunities which are, "in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this ...
The Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision which ruled that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that are associated with federal U.S. citizenship, not those that pertain to state citizenship.
Under the "privileges and immunities" clause, this authority was given to the states, a position the court held consistently through the years in cases such as Ward v. Maryland , 79 U.S. 418 (1871), the Slaughter-House Cases , 83 U.S. 36 (1873) and United States v.
Neither the 14th Amendment nor any other part of the Constitution bans felons from taking office, an expert told USA TODAY. The section referenced in the post prohibits anyone who took an oath to ...
Learn more on Section 3 of the 14th Amendment after Colorado’s Supreme Court removed Trump from its 2024 primary ballot over his Jan. 6 actions.
While the Fifth Amendment had included a due process clause, the due process clause of the Fourteenth Amendment crucially differed from the Fifth Amendment in that it explicitly applied to the states. The Privileges or Immunities Clause also explicitly applied to the states, unlike the Privileges and Immunities Clause of Article IV of the ...