Q: Why is P&Is of state citizenship related to fundamental rights?
Purpose was to fuse into one nation the independent sovereign states; therefore, P&Is only apply to fundamental rights
b. fundamental: for the promotion of interstate harmony; rights that are important to the maintenance & well-being of the union
c. from Slaughter-house: P&Is are those rights which are “fundamental, which belong of right to the citizens of all free government, and which have at all times been enjoyed by citizens of the several states which compose this union, from the time of their becoming free, independent and sovereign.”
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A: Dan Goodman's Answer
Before the Fourteenth Amendment and the Slaughterhouse Cases, privileges and immunities of a citizen of a particular State included fundamental privileges and immunities, common privileges and immunities, and special privileges and immunities.
Fundamental privileges and immunities were those described in Corfield v. Coryell:
“The inquiry, is what are the privileges and immunities of citizens in the several states? We feel no hesitation in confining these expressions to those privileges and immunities which are fundamental.” Corfield v. Coryell: 4 Wash. Cir. Ct. 371, 380 (1825).
Common privileges and immunities:
“But the privileges and immunities secured to citizens of each State in the several States, by the provision in question (Article IV, Section 2, Clause 1), are those privileges and immunities which are common to the citizens in the latter States under their constitution and laws by virtue of their being citizens.” Paul v. State of Virginia: 75 U.S. 168, at 180 (1868).
And special privileges and immunities:
“Special privileges enjoyed by citizens in their own States are not secured in other States by this provision (Article IV, Section 2, Clause 1).” Paul v. State of Virginia: 75 U.S. 168, at 180 (1868). See also, McCready v. State of Virginia: 94 U.S. 391, at 395 thru 396 (1876).
However, after the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, fundamental privileges and immunities, under Corfield v. Coryell, were transferred from a citizen of a particular State to a citizen of the several States:
“Privileges and immunities of a citizen of the several States are those described in Corfield v. Coryell, 4 Wash. Cir. Ct. 371, 380.” Hodges v. United States: 203 U.S. 1, at 15 (1906).
“In speaking of the meaning of the phrase ‘privileges and immunities of citizens of the several States,’ under section second, article fourth, of the Constitution, it was said by the present Chief Justice, in Cole v. Cunningham, 133 U.S. 107, that the intention was ‘to confer on the citizens of the several States a general citizenship, and to communicate all the privileges and immunities which the citizens of the same State would be entitled to under the like circumstances, and this includes the right to institute actions.’ ” Maxwell v. Dow: 176 U.S. 581, at 592 (1900).
Therefore, privileges and immunities of a citizen of a particular State have nothing to do with fundamental rights (privileges and immunities) described under Corfield v. Coryell, since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, since such privileges and immunities now belong to a citizen of the several States.