"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
The Court interprets this clause very narrowly in some respects--see p. 450-452--protection when on the high seas, writ of heaeas corpus, right to use navigable waters of the United States.
But importantly, the right of a citizen of the United States "of his own volition" to "become a citizen of any State of the Union by a bona fide residence therein, with the same rights as other citizens of that State."
This, of course, was aimed directly at the Dred Scott decision--all persons, including the former slaves, if born in America, are not only citizens of the United States, but they also have the right to become an equal citizen of any state of their choosing. Citizens choose states, states don't choose citizens.
This is an extremely important privilege of United States citizens that no state may abridge.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
-
I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
-
Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
-
Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
No comments:
Post a Comment