[djf]

The 14th is inapplicable.

SECTION 1. RIGHTS GUARANTEED: PRIVILEGES AND IMMUNITIES
Unique among constitutional provisions, the privileges and immunities clause of the Fourteenth Amendment enjoys the distinction of having been rendered a ''practical nullity'' by a single decision of the Supreme Court issued within five years after its ratification. In the Slaughter-House Cases,15 a bare majority of the Court frustrated the aims of the most aggressive sponsors of this clause, to whom was attributed an intention to centralize ''in the hands of the Federal Government large powers hitherto exercised by the States'' with a view to enabling business to develop unimpeded by state interference. This expansive alteration of the federal system was to have been achieved by converting the rights of the citizens of each State as of the date of the adoption of the Fourteenth Amendment into privileges and immunities of United States citizenship and thereafter perpetuating this newly defined status quo through judicial condemnation of any state law challenged as ''abridging'' any one of the latter privileges. To have fostered such intentions, the Court declared, would have been ''to transfer the security and protection of all the civil rights . . . to the Federal Government, . . . to bring within the power of Congress the entire domain of civil rights heretofore belonging exclusively to the States,'' and to ''constitute this court a perpetual censor upon all legislation of the States, on the civil rights of their own citizens, with authority to nullify such as it did not approve as consistent with those rights, as they existed at the time of the adoption of this amendment. . . . [The effect of] so great a departure from the structure and spirit of our institutions . . . is to fetter and degrade the State governments by subjecting them to the control of Congress, in the exercise of powers heretofore universally conceded to them of the most ordinary and fundamental character. . . . We are convinced that no such results were intended by the Congress . . . , nor by the legislatures . . . which ratified'' this amendment, and that the sole ''pervading purpose'' of this and the other War Amendments was ''the freedom of the slave race.''

From Findlaw.

[tpaine]

Yep, that was a fine example from Findlaw of the outrageous unconstitutional hype from the 'states rightists' of its day.

I'm surprised you posted that nasty bit about:

"-- the sole ''pervading purpose'' of this and the other War Amendments was ''the freedom of the slave race."

[Ginosko]

"We are convinced that no such results were intended by the Congress . . . , nor by the legislatures . . . which ratified this amendment, and that the sole ''pervading purpose'' of this and the other War Amendments was ''the freedom of the slave race.''

No truer words were ever spoken!