The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens. Of course, the history, interpretation, and rulings on Article IV and the Fourteenth Amendment are much more nuanced and controversial. Bogen details the origins and development of the concept of privileges and immunities, and provides an in-depth analysis of the symbiotic relationship between Article IV and the Fourteenth Amendment, detailing the current understanding of the clauses as reflected in the decisions of the Supreme Court.

The author concludes by arguing that the tension between the Framers' intent to protect fundamental human rights and the Court's current confused and inappropriate use of rights language may be resolved by applying customary international human rights to the states. An extensive bibliographic essay and a table of cases are provided to guide further reading on the topic.

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The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens.

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Series Foreword by Jack Stark Foreword by Chief Judge Robert M. Bell Introduction A History of Privileges and Immunities of Citizenship The English Heritage The Articles of Confederation: Article IV, Replacing the King U.S. Constitution: Article IV, Section 2, Citizens in the Several States U.S. Constitution: Amendment XIV, Section 1, Citizens of the United States Notes The Protection of Privileges and Immunities Article IV Privileges and Immunities Fourteenth Amendment Privileges or Immunities Notes Conclusion Bibliographical Essay Table of Cases Index
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The only comprehensive and current examination of the history, symbiotic relationship, and the Supreme Court's current understanding of the privileges and immunities clauses in Article IV and the Fourteenth Amendment.
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Combining two complimentary types of constitutional scholarship, each contribution to this series fuses the breadth of vision found in single-authored overviews of constitutional scholarship with the detailed analysis found in law review articles. Every volume is comprised of: BL A brief history of the topic BL Lengthy and sophisticated analysis of the current state of law on that topic BL A bibliographical essay that organizes and evaluates scholarly material in order to facilitate further research BL A table of cases BL Index. Upon completion, the series will consist of 37 books dealing with major topics such as Federalism, Privileges and Immunities, Due Process, Freedom of the Press, Presidential Powers, and State Sovereign Immunity, to mention just a few.
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Produktdetaljer

ISBN
9780313313479
Publisert
2003-04-30
Utgiver
Bloomsbury Publishing Plc
Aldersnivå
G, 01
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
192

Forfatter

Biografisk notat

DAVID SKILLEN BOGEN is Professor of Law at the University of Maryland School of Law. He is the author of Bulwark of Liberty: The Court and the First Amendment (1984).