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Privileges or Immunities

Philip Hamburger

Columbia University - Law School

February 23, 2010

Northwestern University Law Review, 2011

What was meant by the Fourteenth Amendment’s Privileges or Immunities Clause? Did it incorporate the U.S. Bill of Rights against the states? Long ignored evidence clearly shows that the Clause was an attempt to resolve a national dispute about the Comity Clause rights of free blacks. In this context, the phrase “the privileges or immunities of citizens of the United States” was a label for Comity Clause rights, and the Fourteenth Amendment used this phrase to make clear that free blacks were entitled to such rights.

Number of Pages in PDF File: 80

Keywords: privileges or immunities, incorporation, bill of rights, fourteenth amendment, slavery, race, modernity, mobility

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Date posted: February 25, 2010 ; Last revised: March 16, 2010

Suggested Citation

Hamburger, Philip, Privileges or Immunities (February 23, 2010). Northwestern University Law Review, 2011. Available at SSRN: https://ssrn.com/abstract=1557870

Contact Information

Philip Hamburger (Contact Author)
Columbia University - Law School ( email )
435 West 116th Street
New York, NY 10025
United States

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