The purpose of this Article is to gain insight into the original meaning of the Privileges or Immunities Clause of Section 1 of the Fourteenth Amendment by examining the understanding of the Privileges and Immunities Clause of Article IV, Section 2 in nineteenth century America. This Article examines case law that established certain positive obligations among the states based on the Privileges and Immunities Clause. It discusses the nature of the protection afforded under the Clause, and provides support for an interpretation of the Privileges or Immunities Clause as guaranteeing a closed set of fundamental powers or capacities inherent in the concept of citizenship.
Douglas G. Smith,
The Privileges and Immunities Clause of Article IV, Section 2: Precursor of Section 1 of the Fourteenth Amendment,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol34/iss2/9