Q: What rights have been found fundamental in Privileges & Immunities of state citizenship?
a. traditional c/L civil rts
b. the bills of rights guarantees (from the state)
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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.
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).
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.