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Privileges and Immunities of a Citizen of the Several States

Privileges and Immunities of a Citizen of the Several States

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Published by Dan Goodman
This is the last in a series of articles on the Slaughterhouse Cases and Citizenship under the Constitution of the United States. The first article is "Slaughterhouse Cases, Two Citizens." The next, "Slaughterhouse Cases, Up Close." The third in this series is "Two Citizens Under The Constitution."

All are written to give to the reader clarity as well as authority regarding the Slaughterhouse Cases and Citizenship under the Constitution of the United States.

About this article:

Under the Constitution of the United States, there are two citizens. They are a citizen of the United States and a citizen of the several States. (1) The Supreme court, in the Slaughterhouse Cases, decided that they were separate and distinct with the adoption of the Fourteenth Amendment.

Privileges and immunities of a citizen of the United States are in the Fourteenth Amendment. For a citizen of the several States, they are located at Article IV, Section 2 of the Constitution.

Privileges and immunities of a citizen of the several States are composed of fundamental, common, and special, privileges and immunities.

____________

(1) This can be seen also in the Syllabus to the case (pages 36-38) which I have on Scribd at http://www.scribd.com/doc/6928993/Slaughterhouse-Cases-Syllabus-Pages-3638 .

The reader is encouraged to read the author's most recent addition. Entitled "The Essentials of American Constitutional Law (excerpt)," the reader will discover that its author, Professor Francis Newton Thorpe, conclusions on Citizenship under the Constitution and the Slaughterhouse Cases are the same as this author's.
This is the last in a series of articles on the Slaughterhouse Cases and Citizenship under the Constitution of the United States. The first article is "Slaughterhouse Cases, Two Citizens." The next, "Slaughterhouse Cases, Up Close." The third in this series is "Two Citizens Under The Constitution."

All are written to give to the reader clarity as well as authority regarding the Slaughterhouse Cases and Citizenship under the Constitution of the United States.

About this article:

Under the Constitution of the United States, there are two citizens. They are a citizen of the United States and a citizen of the several States. (1) The Supreme court, in the Slaughterhouse Cases, decided that they were separate and distinct with the adoption of the Fourteenth Amendment.

Privileges and immunities of a citizen of the United States are in the Fourteenth Amendment. For a citizen of the several States, they are located at Article IV, Section 2 of the Constitution.

Privileges and immunities of a citizen of the several States are composed of fundamental, common, and special, privileges and immunities.

____________

(1) This can be seen also in the Syllabus to the case (pages 36-38) which I have on Scribd at http://www.scribd.com/doc/6928993/Slaughterhouse-Cases-Syllabus-Pages-3638 .

The reader is encouraged to read the author's most recent addition. Entitled "The Essentials of American Constitutional Law (excerpt)," the reader will discover that its author, Professor Francis Newton Thorpe, conclusions on Citizenship under the Constitution and the Slaughterhouse Cases are the same as this author's.

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Published by: Dan Goodman on Oct 14, 2008
Copyright:Attribution Non-commercial

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Privileges and Immunities of a Citizen of the several States(revised)
 ©
2008 Dan Goodman<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> Author's Note:This is the last in a series of articles on the
Slaughterhouse Cases
and Citizenship under the Constitution of theUnited States. The first article is "Slaughterhouse Cases, TwoCitizens." The next, "Slaughterhouse Cases, Up Close." Thethird in this series is "Two Citizens Under The Constitution."Also, this article (Privileges and Immunities) a revision to my paper, with the same title, athttp://ssrn.com/<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><>Under the Constitution of the United States; since the adoption ofthe Fourteenth Amendment and the
Slaughterhouse Cases
; are twocitizens, separate and distinct. They are a citizen of the severalStates and a citizen of the United States. Cases were cited andquoted in my article “Two Citizens Under The Constitution.”Two that were not are the following:"The expression, Citizen of a State, is carefully omittedhere. In Article IV, Section 2, Clause 1, of the Constitution ofthe United States, it had been already provided that 'theCitizens of each State shall be entitled to all Privileges andImmunities of Citizens in the several States.' The rights of
 
Citizens of the States[1](under Article IV, Section 2, Clause 1)and of citizens of the United States (under The Fourteenth Amendment) are each guarded by these different provisions. Thatthese rights are separate and distinct, was held in the
Slaughterhouse Cases
, recently decided by the Supreme court. Therights of Citizens of the State, as such, are not underconsideration in the Fourteenth Amendment. They stand as theydid before the adoption of the Fourteenth Amendment, and arefully guaranteed by other provisions.[2]" UnitedStates v.   Anthony: 24 Fed. Cas. 829, 830 (Case No. 14,459) (1873).“The proper construction of this amendment was first calledto the attention of this court in the
Slaughterhouse Cases
, 16 Wall. 36, which involved, however, not a question of race, butone of exclusive privileges. The case did not call for anyexpression of opinion as to the exact rights it was intended tosecure to the colored race, but it was said generally that its main purpose was to establish the citizenship of the negro, togive definitions of citizenship of the United States and of thestates[1], and to protect from the hostile legislation of thestates the privileges and immunities of citizens of the UnitedStates, as distinguished from those of citizens of the states[1].” Plessyv. Ferguson: 163 U.S. 537, 543 (1896), overruled on other grounds, Brown v. Board of Education of Topeka: 347 U.S.483 (1954).Privileges and immunities for a citizen of the several states arelocated at Article IV, Section 2, Clause 1, in the Constitution of theUnited States:“The intention of section 2, Article IV (of theConstitution), was to confer on the citizens of the severalStates a general citizenship.Cole v. Cunningham: 133 U.S. 107,113-114 (1890). A citizen of the several States, as a citizen of the severalStates, has privileges and immunities whichare fundamental. In the
Slaughterhouse Cases
the following is quoted from the opinion of Mr.Justice Washington in
Corfield v. Coryell
, 4 Wash C. C. 371,
 
Fed.Cas.No. 3230:“'The inquiry,' he says, 'is, what are the privileges andimmunities of citizens of the several states? We feel nohesitation in confining these expressions to those privileges andimmunities which are fundamental; which belong of right to thecitizens of all free governments, and which have at all times been enjoyed by citizens of the several States which compose thisUnion, from the time of their becoming free, independent, andsovereign. What these fundamental principles are, it would be more tedious than difficult to enumerate.’ ‘They may all,however, be comprehended under the following general heads: protection by the government, with the right to acquire and possess property of every kind, and to pursue and obtainhappiness and safety, subject, nevertheless, to such restraintsas the government may prescribe for the general good of thewhole.Slaughterhouse Cases: 83 U.S. 36, 75-76 (1873). (SeeIllustration A ) Also, there is the following:“The power of a state to make reasonable and naturalclassifications for purposes of taxation is clear and notquestioned; but neither under form of classification norotherwise can any state enforce taxing laws which, in their practical operation materially abridge or impair the equality ofcommercial privileges secured by the Federal Constitution tocitizens of the several states.Chalkerv. Birmingham & N.W. Railroad Company: 249 U.S. 522, 526-527 (1919).In addition:It this were not so it is easy to perceive how the power ofCongress to regulate commerce with foreign nations and among theseveral States could be practically annulled, and the equality ofcommercial privileges secured by the Federal Constitution tocitizens of the several States be materially abridged andimpaired.” Guy v. City of Baltimore: 100 U.S. 434, 439-440(1879); reaffirmed, I.M. Darnell & Son Company v. City of

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