and immunities clause did not extend to those ‘fundamental’ rights attached to statecitizenship which are peculiarly the creation and concern of state governments andwhich Mr. Justice Washington, in
Corfield v. Coryell
, 4 Wash. C. C. 371, 6 Fed. Cas. No.3230, mistakenly thought to be guaranteed by Article IV, § 2 of the Constitution.
According to this case, Article IV, Section 2, Clause 1 of the Constitution of theUnited States of America, gives to a citizen of any other State the same privilegesand immunities which the citizens of a particular State enjoy. These privileges andimmunities are common privileges and immunities. Special privileges andimmunities granted by a particular State to its own citizens are not included.It is concluded implicitly in this case that Article IV, Section 2, Clause 1 of theConstitution serves only one purpose. Two propositions are presented. On onehand is that Article IV, Section 2, Clause 1 of the Constitution is a provision that recognizes fundamental privileges and immunities. On the other hand, the clausegrants common privileges and immunities to the citizens of sister States when theyare in another State.However, both are correct! Article IV, Section 2, Clause 1 is the source forcommon privileges and immunities as well as fundamental privileges andimmunities.The case of
Corfield v. Coryell
describes fundamental privileges and immunitiesunder Article IV, Section 2, Clause 1 of the Constitution:“The next question is, whether this Act infringes that section of the Constitutionwhich declares that ‘the citizens of each State shall be entitled to all privileges andimmunities of citizens in the several States?’The inquiry, is what are the privileges and immunities of citizens in the severalStates? We feel no hesitation in confining these expressions to those privileges andimmunities which are fundamental.” Corfield v. Coryell: 6 Fed. Cas. (Case No. 3230)546, at 550 (1825).
The case of the
State of Tennessee v. Claiborne
specifies common privileges andimmunities under Article IV, Section 2, Clause 1:“ ‘The citizens of each State shall be entitled to all the privileges and immunities‐ 2 ‐