Time: Wed Nov 27 09:49:18 1996
Date: Wed, 27 Nov 1996 09:35:38 -0800
To: libertylaw@www.ultimate.org
From: Paul Andrew Mitchell [address in tool bar]
Subject: LLAW: Privileges and Immunities Clause
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LIBERTY LAW - CROSS THE BAR & MAKE YOUR PLEA - FIRST VIRTUAL COURT, USA
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STUDIES IN CONSTITUTIONAL LAW
A TREATISE ON AMERICAN CITIZENSHIP
BY
JOHN S. WISE
EDWARD THOMPSON COMPANY
NORTHPORT, LONG ISLAND, N. Y
1906
(scanner OCR may have spelling errors)
Rights, Privileges, and Immunities Granted or
Guaranteed to the Citizen by the United States
These may be classified as follows:
1. Rights granted or guaranteed by the Constitution of the
United States as originally framed, or by the first
twelve amendments thereto.
2. Rights granted or guaranteed by the XIII, XIV, and XV
Amendments.
First, then, the rights, privileges, or immunities granted
or guaranteed to the citizen by the Constitution of the United
States as originally framed, or by the first twelve amendments
thereto, are, in the order of their enumeration, or by necessary
implication, as follows:
1. A right. That citizens of the States composing the
Union, having the qualifications requisite for electors
of the most numerous branch of the State legislature,
shall possess the right and privilege of electors for
members of the House of Representatives of the United
States chosen every second year by the people of the
United States. (Art. I, Sec. 2, Cl. 1) (12)
2. A privilege. That such citizens shall be eligible to
membership of the House of Representatives, if they
possess certain qualifications of age, length of
citizenship, and are inhabitants of the State from
which they are chosen. (Art. I, Sec. 2, Cl. 2)
3. A right. That representatives and direct taxes shall
be apportioned, among the several States, according to
their respective numbers, which shall be determined by
adding to the whole number of free persons, including
those bound to service for a term of years, and
excluding Indians not taxed, three-fifths of all other
persons. This clause is, however, amended, in respect
to apportionment of representation, by the XIV
Amendment, Sec. 2. (13)
Rights, Privileges and Immunities in U.S. Constitution: Page 1 of
23
4. A right. To have an enumeration or census, every ten
years, according to law, to determine the basis of
representation, but with a proviso that representatives
shall not exceed one for every 30,000, but that each
State shall have at least one representative. (Art. I,
Sec. 2, Cl. 3, Par. 2) (14)
5. A privilege. That citizens possessing defined
qualifications of age, length of residence, and
habitation, shall be eligible as United States
senators. (Art. I, Sec. 3, Cl. 3)
6. An immunity. Against the trial of impeachments by any
other body than the Senate, or conviction without a
concurrence of two-thirds of the members present; and
against any judgment in such case extending further
than to removal from office and disqualification to
hold and enjoy any office of honor, trust, or profit
under the United States. (Art. I, Sec. 3, Cl. 6) (15)
7. An immunity. From arrest, except for treason, felony,
or breach of the peace, while attending Congress as a
member or going to or returning from the same; and
from being questioned for any speech or debate in
either House. (Art. I, Sec. 6, Cl. 1) (16)
8. A right. That all bills for raising revenue shall
originate in the House of Representatives. (Art. I,
Sec. 7, Cl. 1) (17)
9. A right. To have the executive sanction of all laws
before they become effective, unless they be passed
over the President's veto. (Art. I, Sec. 7, Cl. 2)
(18)
10. A right. That all duties, imposts, and excises imposed
by Congress shall be uniform throughout the United
States. (Art. I, Sec. 8, Cl. 1) (19)
11. An immunity. From any laws passed by any State, or
other authority than Congress, regulating commerce with
foreign nations and among the several States, and with
the Indian tribes. (Art. I. Sec. 8, Cl. 3) (20)
12. A right. To uniform Federal laws of naturalization and
bankruptcy throughout the United States. (Art. I, Sec.
8, Cl. 4) (21)
13. A right. To a Federal coinage and standard of weights
and measures. (Art. I, See. 8. Cl. 5) (22)
14. A right. To an established Federal postal system and
post roads. (Art. I, See. 8, Cl. 6) (23)
15. A right. To a Federal system of patent rights and
copyrights. (Art. I, Sec. 8, Cl. 8) (24)
Rights, Privileges and Immunities in U.S. Constitution: Page 2 of
23
16. A right. To a supreme court and a system of federal
courts inferior to the supreme court. (Art. I, Secs. 1
and 2; Art. I, Sec. 8, Cl. 9) (25)
17. A right. To Federal protection against piracies and
felonies committed on the high seas and offenses
against the law of nations. (Art. I, Sec. 8, Cl. 10)
(26)
18. An immunity. Against any declaration of war or the
granting of letters of marque and reprisal except by
the United States. (Art. I, Sec. 8, Cl. 11) (27)
19. An immunity. Against any appropriations for war
purposes by Congress, under its power to raise and
support armies, for a longer term than two years.
(Art. I, See. 8, Cl. 12) (28)
20. A right. To the creation and maintenance of a navy by
the Federal government (Art. I, Sec. 8, Cl. 13) (29)
21. A right. To the use of the militia under the call of
the Federal government, for executing the laws of the
Union, suppressing insurrections, and repelling
invasions. (Art. I, Sec. 8, Cl. 15) (30)
22. A right. To exclusive Federal legislation by Congress
over a territory not exceeding ten miles square as a
seat of government, and like authority over all places
purchased for forts, magazines, arsenals, and
dockyards. (Art. I, Sec. 8, Cl. 17.) (31)
23. A right. To the privilege of the writ of habeas
corpus, save when it may be suspended for public
safety, in time of rebellion or invasion. (Art. I,
Sec. 9, Cl. 2) (32)
24. An immunity. Against any bill of attainder or ex post
facto law. (Art. I, Sec. 9, Cl. 3) (33)
25. An immunity. Against any capitation or other direct
tax except in proportion to the census above provided
for. (Art. I, Sec. 9, Cl. 4) (34)
26. An immunity. Against any tax or duty on articles
exported from any State. (Art, I, Sec. 9, Cl. 5) (35)
27. An immunity. Against any preference to the ports of
one State over those of another; and against the
entrance, clearance, or payment of duties by vessels
bound to or from the ports of one State to or from the
ports of another State. (Art. I, Sec. 9, Cl. 5) (36)
28. An immunity. Against the granting of any titles of
nobility by the United States. (Art. I, Sec. 9, Cl. 7)
(37)
Rights, Privileges and Immunities in U.S. Constitution: Page 3 of
23
29. Immunities. Against any treaty, alliance, or
confederation entered into by any State, and the
granting of letters of marque or reprisal by any State,
and against the coinage of money or emission of bills
of credit by any State and the making of anything but
gold and silver coin a tender in payment of debts by
any State; and the passage of any bill of attainder or
ex post facto law, or law impairing the obligation of
contracts, or grant of any title of nobility by any
State. (Art. I, Sec. 10, Cl. 1) (38)
30. An immunity. From the laying of any impost or duties
on imports or exports by any State, without the consent
of Congress. (Art. I, Sec. 10, Cl. 2) (39)
31. Immunities. From any duty of tonnage laid by any State
without the consent of Congress, or the keeping of
troops or ships of war in time of peace by any State,
or the entering into an agreement or compact with
another State or a foreign power, or engaging in war
unless actually invaded or in such immediate danger as
will not admit of delay. (Art. I, Sec. 10, Cl. 3) (40)
32. A privilege. Of being presidential and vice
presidential elector in the manner provided by the
legislature of the State. (Art. II, Sec. 1, Cl. 1 and
2) (41)
33. A privilege. Of being President provided the citizen
possesses the requisite qualifications of birth, age,
and residence. (Art II, Sec. 1, Cl. 5) (42)
34. A privilege. Of being Vice-President subject to the
same qualifications as last named. (Art. II, Sec. 1,
Cl. 5)
35. A privilege. Of suing in the federal courts, on the
terms and subject to the conditions of jurisdiction set
forth in the Constitution and laws. (Art. III, Sec. 1)
36. A right. To trial by jury in the State where the crime
is charged to have been committed in any trial for
crime in a federal court, except in case of
impeachment, and when the crime is not committed within
any State the trial to be at such place or places as
Congress directs. (Art. III, Sec. 2, Cl. 3) (43)
37. An immunity. From the charge of treason against the
United States, except for levying war against them, or
for adhering to their enemies, giving them aid and
comfort (Art III, Sec. 3, Cl. 1. See Of Treason, supra,
pp. 74 et seq.)
Rights, Privileges and Immunities in U.S. Constitution: Page 4 of
23
38. A right. To demand, in cases of trial for treason, the
testimony of two witnesses to the same overt act, or a
confession in open court, as the only basis, of
conviction. (Art. III, Sec. 3, Cl. 1.) (44)
39. An immunity. Against any attainder of treason working
corruption of blood or forfeiture, except during the
life of the person attainted. (Art. III, Sec. 3, Cl.
2) (45)
40. A right. To demand that each State shall give full
faith and credit to the public acts, records, etc., and
judicial proceedings of every other State. (Art. IV,
Sec. 1) (46)
41. A right. In the citizens of each State to enjoy all
the Privileges and immunities of citizens in the
several States. (Art. IV, Sec. 2, Cl. 1) (47)
42. A right. To demand from any State the extradition and
removal of any person who shall flee thereto, who is
charged, in another State, with treason, felony, or
other crane. (Art. IV, Sec. 2, Cl. 2) (48)
43. A right. To demand the delivery, on claim of the party
entitled, of any person held to service or labor, in
one State, who has escaped to another State. (Art. IV,
Sec. 2, Cl. 3) (49)
44. A right. To the performance of the guarantee of the
United States that every State in the Union shall have
a republican form of government, and that the United
States will protect each of them from invasion and
against domestic violence. (Art. IV, Sec. 4) (50)
45. A right. In each State to equal suffrage in the
Senate. (Art. V)
These being the only rights, privileges, and immunities
guaranteed to citizens by the Constitution itself, the following
additional appear in the first twelve amendments to the
Constitution: (51)
46. An immunity. Against any law of Congress respecting an
establishment of religion, or prohibiting the free
exercise thereof, or abridging the freedom of speech or
of the press. (Art. I) (52)
47. A right. Of the people peaceably to assemble, and to
petition the government for a redress of grievances.
(Art. I) (53)
48. A right. Of the people to keep and bear arms. A right
not to be infringed. (Art. II) (54)
Rights, Privileges and Immunities in U.S. Constitution: Page 5 of
23
49. An immunity. From the quartering of troops in any
house in time of peace without the consent of the
owner, or in time of war, except in a manner to be
prescribed by law. (Art. III)
50. An immunity. Against unreasonable searches or
seizures. (Art. IV) (55)
51. A right. To demand that search warrants shall not
issue except upon probable cause, supported by oath or
affirmation and particularly describing the place to be
searched, and the person or things to be seized. (Art.
IV) (56)
52. A right. That no citizen be held to answer to the
Federal government for a capital or otherwise infamous
crime, unless on a presentment or indictment of a grand
jury, except in cases arising in the land or naval
forces, or in the militia, when in actual service.
(Art. V) (57)
53. An immunity. From being twice put in jeopardy of life
or Limb for the same offense. (Art. V) (58)
54. An immunity. From being a witness against himself.
(Art. V) (59)
55. A right. To due process of law before being deprived
of life, liberty, or property. (Art. V) (60)
56. A right. To just compensation for any property taken
for public use. (Art. V) (61)
57. A right. To speedy and public trial in all cases of
criminal prosecutions by an impartial jury of the
district wherein any crime is charged to have been
committed, the district to have been previously
ascertained by law; to be informed of the nature and,
cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for
obtaining witnesses in his favor; and to have the
assistance of counsel for his defense. (Art. VI) (62)
58. A right. In suits at common law, involving a value
exceeding twenty dollars, to a trial by jury. (Art.
VII) (63)
59. An immunity. From having any fact tried by a jury re-
examined in any court of the United States, otherwise
than according to the rules of common law. (Art. VII)
(64)
60. An immunity. Against the requirement of excessive
bail, against the imposition of excessive fines, and
against the infliction of cruel and unusual
punishments. (Art. VIII) (65)
Rights, Privileges and Immunities in U.S. Constitution: Page 6 of
23
61. A declaration. That the enumeration in the
Constitution of certain rights shall not be construed
to deny or disparage others retained by the people.
(Art. IX) (66)
62. A guarantee. That the powers not delegated to the
United States by the Constitution, nor prohibited to
the States, are reserved to the States respectively, or
to the people. (Art. X) (67)
Footnotes:
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