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To: robertpaulsen
Why would he conclude that?

Let's ask Justice Washington:

"The inquiry is, what are the privileges and immunities of citizens in the several states?" We feel no hesitation in confining these expressions to those 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 Union, from the time of their becoming free, independent, and sovereign."

The 14th was passed (as part of a trilogy of amendments) to give the slaves some basic privileges and immunities -- they were declared "citizens of the United States" and were entitled to those privileges and immunities that were part of the national government.

Do such privileges and immunities include those recognized in the Bill of Rights?

1,129 posted on 03/13/2007 6:21:32 PM PDT by Ken H
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To: Ken H
In your post #1097, you referenced the "fundamental rights that belong to all citizens of the United States". In this post you changed that to "fundamental; which belong, of right, to the citizens of all free governments". Which is it?

"Do such privileges and immunities include those recognized in the Bill of Rights?"

Bits and pieces.

The privileges and immunities of "citizens of the United States" were those "which owe their existence to the Federal Government, its National character, its Constitution, or its laws". Meaning, of course, that these privileges and immunities had been available to United States citizens and protected from state interference by operation of federal supremacy even prior to the adoption of the Fourteenth Amendment.

In the Slaughterhouse Cases the court defined these privileges and immunities as the right of access to the seat of Government and to the seaports, subtreasuries, land officers, and courts of justice in the several States, the right to demand protection of the Federal Government on the high seas or abroad, the right of assembly, the privilege of habeas corpus, the right to use the navigable waters of the United States, and rights secured by treaty.

In Twining v. New Jersey, the Court recognized ''among the rights and privileges'' of national citizenship the right to pass freely from State to State, the right to petition Congress for a redress of grievances, the right to vote for national officers, the right to enter public lands, the right to be protected against violence while in the lawful custody of a United States marshal, and the right to inform the United States authorities of violation of its laws.

Earlier, in a decision not mentioned in Twining, the Court had also acknowledged that the carrying on of interstate commerce is ''a right which every citizen of the United States is entitled to exercise.''
-- caselaw.lp.findlaw.com/data/constitution/amendment14/02.html

1,135 posted on 03/13/2007 6:51:31 PM PDT by robertpaulsen
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