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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 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 ...
Wheeler. 254 U.S. 281 (1920), the Supreme Court reiterated its position that the Constitution did not grant the federal government the power to protect freedom of movement. However, Wheeler had a significant impact in other ways. For many years, the roots of the Constitution's "privileges and immunities" clause had only vaguely been determined. [6]
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 ...
The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee.
However, Rehnquist went on to explain that the Privileges and Immunities Clause did not bar all potentially discriminatory acts by a state or political subdivision. The city of Camden argued that its ordinance was intended to remedy its urban decay high unemployment, a decline in the city's tax base, and "middle-class flight" from the city. The ...
Pages in category "Privileges and Immunities case law" The following 7 pages are in this category, out of 7 total. ... Privileges and Immunities Clause; A. Alerding v ...
The majority opinion, written by Justice Samuel Miller, stated that the right to practice law was not protected by the Privileges or Immunities Clause of the Fourteenth Amendment, as it was not considered a fundamental right of U.S. citizenship. [7]