Privileges or Immunities Clause (English Wikipedia)

Analysis of information sources in references of the Wikipedia article "Privileges or Immunities Clause" in English language version.

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archive.org

  • Curtis, Michael Kent. "Bill of Rights as a Limitation on State Authority: A Reply to Professor Berger", 16 Wake Forest L. Rev. 45 (1980). Bingham's full speech is here in the Congressional Globe.

books.google.com

cato.org

  • Shankman, Kimberly and Pilon, Roger. Reviving the Privileges or Immunities Clause to Redress the Balance Among States, Individuals, and the Federal Government Cato Policy Analysis No. 326 (1998)

cornell.edu

supct.law.cornell.edu

federalistblog.us

findlaw.com

caselaw.lp.findlaw.com

  • On May 23, 1866. Howard said: "It would be a curious question to solve what are the privileges and immunities of citizens of each of the States in the several States. . . . I am not aware that the Supreme Court have ever undertaken to define either the nature or extent of the privileges and immunities thus guarantied. . . . But we may gather some intimation of what probably will be the opinion of the judiciary by referring to . . . Corfield vs. Coryell . . . , 4 Washington's Circuit Court Reports, page 380." This comment by Howard was quoted by Justice Hugo Black in Adamson v. California, 332 U.S. 46 (1947).
  • In Re Slaughter-House Cases, 83 U.S. 36 (1872)
  • Paul v. Virginia, 75 U.S. 168 (1868): "it gives them the right of free ingress into other States, and egress from them."

guncite.com

libertyfund.org

oll.libertyfund.org

  • Berger, Raoul (1997) [First published 1977]. "Chapter 3: The "privileges Or Immunities of a Citizen of the United States"". Government by Judiciary: The Transformation of the Fourteenth Amendment (2nd ed.). Liberty Fund. Preliminarily it will be useful to pull together a few strands that tie the privileges or immunities of §1 to the specific enumeration of the Civil Rights Act of 1866. There is first the correspondence to the Civil Rights Bill's "civil rights and immunities," "privileges" being narrower than "civil rights," which had been deleted at Bingham's insistence. Second, Chairman Trumbull explained that the Bill had been patterned on the "privileges and immunities" of Article IV, §2, and its construction by Justice Washington. Third, in introducing the prototype of §1, Bingham said that the "privileges or immunities" had been drawn from Article IV; fourth, Senator Howard similarly referred back to the Article. Speaking after Howard, Senator Luke P. Poland stated that §1 "secures nothing beyond what was intended by" the original privileges and immunities provision. More important is the all but universal identification of §1 with the Civil Rights Act.

loc.gov

memory.loc.gov

nytimes.com

timesmachine.nytimes.com

  • Letter from "Madison", New York Times (November 15, 1866). This was the second of several parts by "Madison", and in the first part that author took a broad view of the rights already guaranteed by the Privileges and Immunities Clause in Article IV — rights with which Madison said "states cannot constitutionally interfere" according to his understanding of the Privileges and Immunities Clause. "Madison", New York Times (November 10, 1866). Madison also cited the case of Dred Scott v. Sandford as persuasive authority regarding the inability of states to make people citizens of the United States. Id.

saf.org

scotusblog.com

ssrn.com

ssrn.com

  • Lash, Kurt T. The Origins of the Privileges or Immunities Clause, Part I: 'Privileges and Immunities' as an Antebellum Term of Art [1] (2009)
  • Lash, Kurt T. The Origins of the Privileges or Immunities Clause, Part I: 'Privileges and Immunities' as an Antebellum Term of Art [1] (2009)

papers.ssrn.com

  • Lash, Kurt T. (2011). "The Origins of the Privileges or Immunities Clause, Part II: John Bingham and the Second Draft of the Fourteenth Amendment". Georgetown Law Journal. 99: 329. SSRN 1561183.

supremecourt.gov

washingtonpost.com

web.archive.org

yale.edu