The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Sunday, June 30, 2013

Privileges or Immunities, yet again


The privileges or immunities of a US citizen may be many, but when the 14th Amendment was written they did not include constraint of the states by the Bill of Rights or any of the provisions of the US constitution guaranteeing specific individual rights against federal infringement, only.

The Privileges or Immunities clause of the 14th Amendment referred to whatever those privileges or immunities were and forbade states to abridge them.

It did not in any way, and did not purport to, create new privileges or immunities for US citizens.

And hence, in particular, that clause did not create new privileges or immunities as it would have done had it required the states to be bound by the Bill of Rights or by those guarantees of individual rights in the constitution that at the time constrained only the federal government.

Justice Thomas, CATO, and others who say it did are deluded or deceitful.

The text of the 14th Amendment, Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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