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To: arrogantsob
It should also be noted that, throughout Federalist 42, Madison repeatedly used the word “privileges” interchangeably with the word “rights.”

Concerning the interchangeably of privileges and rights.

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. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States.

295 posted on 07/14/2009 11:26:02 PM PDT by DaveTesla (You can fool some of the people some of the time......)
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To: DaveTesla

On January 30, 1871, the House Judiciary Committee, lead by John Bingham, released a House Report No. 22, authored by Bingham himself, in response to a petition by Mrs. Victoria C. Woodhull and interpreted the Fourteenth’s privileges and immunities this way:

“The clause of the Fourteenth Amendment, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” does not, in the opinion of the committee, refer to privileges and immunities of citizens of the United States other than those privileges and immunities embraced in the original text of the Constitution, article four, section two. The Fourteenth Amendment, it is believed, did not add to the privileges or immunities before mentioned, but was deemed necessary for the enforcement as an express limitation upon the powers of the States. It had been judicially determined that the first Eight Amendments of the Constitution were not limitations on the power of the States, and it was apprehended that the same might be held of the provision of the second section, fourth article.2”

http://federalistblog.us/mt/articles/14th_dummy_guide.htm


297 posted on 07/14/2009 11:34:29 PM PDT by Mojave (Don't blame me. I voted for McClintock.)
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