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3 - The Privileges and Immunities of Citizenship

from Part I - Antebellum Law

Published online by Cambridge University Press:  30 October 2020

Ilan Wurman
Ilan Wurman
Affiliation:
Sandra Day O’Connor College of Law, Arizona State University
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Summary

This chapter surveys the legal history of privileges and immunities provisions, from early international treaties and the Wales Act of 1535–36 to the Articles of Confederation and the Comity Clause of the U.S. Constitution. It argues that these provisions were all antidiscrimination provisions: they did not guarantee any particular set of rights, but required equality in the provision of civil rights to those for whose benefits the privileges and immunities provisions were written.

Keywords

privilegesimmunitiescivil rightspolitical rightscomity clausearticle IVcession treatiesCorfield v. CoryellKurt Lash
Type
Chapter
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The Second Founding
An Introduction to the Fourteenth Amendment
 , pp. 48 - 68
Publisher: Cambridge University Press
Print publication year: 2020

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