Q: What are the Privileges & Immunities of federal citizenship under 14th am?
P&Is of federal citizenship under 14th am. (correlative rts; c/L per Crandall, too)
1. recognized by Crandall v. Nevada (rt to travel) before 14th am. passed
2. P&Is of federal citizenship under 14th cannot be abridged by anyone, even civilians! (per Crandall, not the 14th am.)
3. P&Is of federal citizenship are correlative rights & can’t be abridged by states or civilians; correlative rights come from the federal government’s national character
4. the correlative rights:
a) interstate travel
b) access to art. III courts
c) access to federal marshal
d) run for office
e) petition Congress for redress of grievances
f) protection on high seas
g) one person, one vote
h) not the BOR’s guarantees (only enforceable v. state action) Twining
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A: Dan Goodman's Answer
“One of these privileges is conferred by the very article (Fourteenth Amendment) under consideration. It is that a citizen of the United States can, of his own volition, become a citizen of any State of the Union by a bond fide residence therein, with the same rights as other citizens of that State.” Slaughterhouse Cases: 83 U.S. (16 Wall.) 36, at 80 (1873).
“One of these is well described in the case of Crandall v. Nevada, 6 Wall. 36. It is said to be the right of the citizen of this great country, protected by implied guarantees of its Constitution, ‘to come to the seat of government to assert any claim he may have upon that government, to transact any business he may have with it, to seek its protection, to share its offices, to engage in administering its functions. He has the right of free access to its seaports, through which all operations of foreign commerce are conducted, to the subtreasuries, land offices, and courts of justice in the several States. . . .
Another privilege of a citizen of the United States is to demand the care and protection of the Federal government over his life, liberty, and property when on the high seas or within the jurisdiction of a foreign government. Of this there can be no doubt, nor that the right depends upon his character as a citizen of the United States. The right to peaceably assemble and petition for redress of grievances, the privilege of the writ of habeas corpus, are rights of the citizen guaranteed by the Federal Constitution. The right to use the navigable waters of the United States, however, they may penetrate the territory of the several States, all rights secured to our citizens by treaties with foreign nations, are dependent upon citizenship of the United States, and not citizenship of a State. . . . To these may be added the rights secured by the thirteenth and fifteenth articles of amendment, and by the other clause of the fourteenth, next to be considered (“Nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of its law.”). Slaughterhouse Cases: 83 U.S. (16 Wall.) 36, at 79 thru 80 (1873).
See also Maxwell v. Dow: 176 U.S 581 (1900).
A citizen of the United States also has common privileges and immunities, when also a citizen of a State, under Section 1, Clause 2 of the Fourteenth Amendment:
“2. As applied to a citizen of another State, or to a citizen of the United States residing in another State, a state law forbidding sale of convict-made goods does not violate the privileges and immunities clause[s] of Art. IV, § 2 and the [privileges or immunities clause of the] Fourteenth Amendment of the Federal Constitution, if it applies also and equally to the citizens of the State that enacted it. P. 437.” Syllabus, Whitfield v. State of Ohio: 297 U.S. 431 (1936).
“1. The court below proceeded upon the assumption that petitioner was a citizen of the United States; and his status in that regard is not questioned. The effect of the privileges [and] or immunities clause of the Fourteenth Amendment, as applied to the facts of the present case, is to deny the power of Ohio to impose restraints upon citizens of the United States resident in Alabama in respect of the disposition of goods within Ohio, if like restraints are not imposed upon citizens resident in Ohio. The effect of the similar clause found in the Fourth Article of the Constitution, as applied to these facts, would be the same, since that clause is directed against discrimination by a state in favor of its own citizens and against the citizens of other states. Slaughter-House Cases, 16 Wall. 36, 1 Woods 21, 28; Bradwell v. State, 16 Wall. 130, 138.” Opinion, Whitfield v. State of Ohio: 297 U.S. 431, at 437 (1936).
Common privileges and immunities are:
” . . . [T]hose 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).