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