Privileges or Immunities Clause

Privileges or Immunities Clause is a provision in the Fourteenth Amendment to the United States Constitution that prohibits states from abridging the "privileges or immunities" of citizens of the United States. The Clause has been interpreted in various ways throughout history, and its precise meaning remains a subject of ongoing debate among legal scholars and constitutional experts.

History

The Privileges or Immunities Clause was adopted as part of the Fourteenth Amendment in 1868, during the Reconstruction Era following the American Civil War. The Clause was intended to protect the rights of newly freed slaves and to ensure equal protection under the law for all citizens.

Interpretation

The interpretation of the Privileges or Immunities Clause has evolved over time. In the 1873 Slaughter-House Cases, the Supreme Court held that the Clause protected only rights of national citizenship from the actions of the state government. This narrow interpretation has been criticized by some legal scholars, who argue that it fails to fully protect individual rights.

In more recent years, some legal scholars and justices have advocated for a broader interpretation of the Privileges or Immunities Clause, arguing that it should be used to protect fundamental rights from state infringement.

Impact

Despite its controversial interpretation, the Privileges or Immunities Clause has had a significant impact on American constitutional law. It has been invoked in numerous cases to protect a variety of rights, including the right to travel, the right to vote, and the right to access the courts.

See also

• Equal Protection Clause
• Due Process Clause
• Bill of Rights
• Civil Rights Act of 1866

References

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