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To: Jim Noble
The "privileges and immunities" clause is present in the original Constitution (Article IV, section 2, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.)

Would a strict reading of that not imply uniform laws throughout the States would exist de facto? If I can "legally" possess marijuana in one State(and considering this can not be regulated by the feds, but the power was given to each of the states to determine this), then I would be entitled to that "priveledge or immunity" in all states. I do not see any room to argue about this. If I am "immune" from prosecution in California, then Florida can not prosecute me either, because I would be being denied that immunity.

39 posted on 07/23/2002 8:16:59 AM PDT by FreeTally
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To: FreeTally
If I can "legally" possess marijuana in one State(and considering this can not be regulated by the feds, but the power was given to each of the states to determine this), then I would be entitled to that "priveledge or immunity" in all states.

Actually, I think you have it reversed. A state could not make it illegal for residents of other states to possess marijuana while within that state's boundaries while making it legal for its own residents.

42 posted on 07/23/2002 8:20:28 AM PDT by dirtboy
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To: FreeTally
Would a strict reading of that not imply uniform laws throughout the States would exist de facto? If I can "legally" possess marijuana in one State(and considering this can not be regulated by the feds, but the power was given to each of the states to determine this), then I would be entitled to that "priveledge or immunity" in all states. I do not see any room to argue about this. If I am "immune" from prosecution in California, then Florida can not prosecute me either, because I would be being denied that immunity.

No, that's not what that clause means. It does not allow one state to overturn the laws of all other states. "Priviliges and immunities of citizens" refer to those benefits that are normally understood to apply to citizens by virtue of their being citizens. These include the right to own land, to bring suit before a court, the power of arrest, etc.

44 posted on 07/23/2002 8:22:33 AM PDT by inquest
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