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The primary author of the Privileges or Immunities Clause was Congressman John Bingham of Ohio. The common historical view is that Bingham's primary inspiration, at least for his initial prototype of this Clause, was the Privileges and Immunities Clause in Article Four of the United States Constitution, [1] [2] which provided that "The Citizens of each State shall be entitled to all Privileges ...
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 ruling cites section five of the 14th Amendment in saying Congress has the "power to enforce" it through "appropriate legislation," but Bobbitt said it has taken no such action since the case ...
The provision at the center of the 14th Amendment litigation, known as Section 3, says in part: “No person shall … hold any office … under the United States … who, having previously taken ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
Section 1 states, "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
The Fourteenth amendment was ratified by nervous Republicans in response to the rise of Black Codes. [14] This ratification was irregular in many ways. First, there were multiple states that rejected the Fourteenth Amendment, but when their new governments were created due to reconstruction, these new governments accepted the amendment. [15]