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2 results

  • 6 - Privileges, Immunities, and Incorporation

  • from Part II - From Abridgment to War and Ratification
  • Ilan Wurman
  • Book:
    The Second Founding
    Published online:
    30 October 2020
    Print publication:
    12 November 2020, pp 104-120

  • Summary

    This chapter challenges competing accounts of the privileges or immunities clause propounded by other scholars such as Kurt Lash, Michael Kent Curtis, Akhil Amar, and Randy Barnett. It argues that the privileges or immunities clause likely does not incorporate the Bill of Rights nor does it guarantee unenumerated fundamental rights. It argues that the privileges or immunities clause was instead an antidiscrimination provision with respect to state-defined civil rights.

  • 3 - The Privileges and Immunities of Citizenship

  • from Part I - Antebellum Law
  • Ilan Wurman
  • Book:
    The Second Founding
    Published online:
    30 October 2020
    Print publication:
    12 November 2020, pp 48-68

  • 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.