[Labyrinthos]

And there's a fifth position, which is the one I take: No incorporation, no "natural law" or "shock the conscience" tests - simply, the states are only prohibited from doing what the Constitution expressly prohibits them from doing. Surprised that wasn't even listed.

Isn't that the purpose of the priviledge and immunities clause? States are prohibited from denying a person the priviledges and immunities that the person is entitled to as a citizen of the United States.

[inquest]

Isn't that the purpose of the priviledge and immunities clause? States are prohibited from denying a person the priviledges and immunities that the person is entitled to as a citizen of the United States.

Well, sure, but these privileges and immunities, as they apply to citizens specifically not to persons in general, have a very specific meaning. They're not the same as rights, which are much harder to nail down. For further details, see post 28.