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To: Ken H
"I've cited evidence that "privileges and immunities" was understood by the Founders to encompass the rights recognized in the BOR."

You did not. Not even close.

Article IV, Section 2 was written and ratified before the BOR was even added to the constitution. How could it refer to something that wasn't there?

"What evidence do you have that says otherwise?"

The Slaughterhouse Cases where the privileges and immunities of "citizens of the United States" were defined. I already posted that to you.

150 years of court rulings saying that the BOR only applied to the federal government.

1,181 posted on 03/14/2007 8:51:50 AM PDT by robertpaulsen
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To: robertpaulsen
Article IV, Section 2 was written and ratified before the BOR was even added to the constitution. How could it refer to something that wasn't there?

I didn't say it referred to the BOR. I said it encompassed the "rights recognized in the BOR".

You said earlier that Article IV essentially says that a state cannot treat a citizen of another state differently than their own.

How can that be if privileges and immunities do not encompass rights?

1,200 posted on 03/14/2007 11:10:29 AM PDT by Ken H
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To: robertpaulsen
The Slaughterhouse Cases where the privileges and immunities of "citizens of the United States" were defined. I already posted that to you.

Actually they were defined in Dred Scott, which the P&I clause of the 14th Amendment was designed to overturn, and which was about 20 years prior to The Slaughterhouse Cases

This is how Dred Scott defined them:

For if they were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police regulations which they considered to be necessary for their own safety. It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went.

The Slaughterhouse Justices just decided to ignore that previous Supreme Court definition, which was the one used by both framers and opponents of the 14th amendment. The main reason those who opposed the 14th did so because it would override state laws denying those "Privileges and Immunities".

1,221 posted on 03/14/2007 4:41:57 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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