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Privileges and Immunities David S. Bogen

Privileges and Immunities By David S. Bogen

Privileges and Immunities by David S. Bogen


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Summary

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.

Privileges and Immunities Summary

Privileges and Immunities: A Reference Guide to the United States Constitution by David S. Bogen

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.

About David S. Bogen

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).

Table of Contents

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

Additional information

NPB9780313313479
9780313313479
0313313474
Privileges and Immunities: A Reference Guide to the United States Constitution by David S. Bogen
New
Hardback
Bloomsbury Publishing Plc
2003-04-30
192
N/A
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