GPO-CONAN-2017-10-15.pdf

Although the court in the slaughter house cases

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Although the Court in the Slaughter-House Cases expressed a reluctance to enumerate those privileges and immunities of United States citizens that are protected against state encroachment, it nev- ertheless felt obliged to suggest some. Among those that it identi- fied were the right of access to the seat of government and to the seaports, subtreasuries, land officers, and courts of justice in the several states, the right to demand protection of the Federal Gov- ernment on the high seas or abroad, the right of assembly, the privi- lege of habeas corpus , the right to use the navigable waters of the United States, and rights secured by treaty. 19 In Twining v. New 18 83 U.S. at 78, 79. 19 83 U.S. at 79–80. 1843 AMENDMENT 14—RIGHTS GUARANTEED
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Jersey , 20 the Court recognized “among the rights and privileges” of national citizenship the right to pass freely from state to state, 21 the right to petition Congress for a redress of grievances, 22 the right to vote for national officers, 23 the right to enter public lands, 24 the right to be protected against violence while in the lawful custody of a United States marshal, 25 and the right to inform the United States authorities of violation of its laws. 26 Earlier, in a decision not men- tioned in Twining , the Court had also acknowledged that the carry- ing on of interstate commerce is “a right which every citizen of the United States is entitled to exercise.” 27 In modern times, the Court has continued the minor role ac- corded to the clause, only occasionally manifesting a disposition to enlarge the restraint that it imposes upon state action. 28 In Hague v. CIO , 29 two and perhaps three justices thought that the freedom to use municipal streets and parks for the dissemination of informa- tion concerning provisions of a federal statute and to assemble peace- fully therein for discussion of the advantages and opportunities of- fered by such act was a privilege and immunity of a United States 20 211 U.S. 78, 97 (1908). 21 Citing Crandall v. Nevada, 73 U.S. (6 Wall.) 35 (1868). It was observed in United States v. Wheeler, 254 U.S. 281, 299 (1920), that the statute at issue in Crandall was actually held to burden directly the performance by the United States of its governmental functions. Cf. Passenger Cases (Smith v. Turner), 48 U.S. (7 How.) 283, 491–92 (1849) (Chief Justice Taney dissenting). Four concurring Justices in Ed- wards v. California, 314 U.S. 160, 177, 181 (1941), would have grounded a right of interstate travel on the privileges or immunities clause. More recently, the Court declined to ascribe a source but was content to assert the right to be protected. United States v. Guest, 383 U.S. 745, 758 (1966); Shapiro v. Thompson, 394 U.S. 618, 629–31 (1969). Three Justices ascribed the source to this clause in Oregon v. Mitchell, 400 U.S. 112, 285–87 (1970) (Justices Stewart and Blackmun and Chief Justice Burger, concurring in part and dissenting in part).
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