The Privileges and Immunities Clause (LandMark Case Law) (English Edition) [Kindle-editie] beoordelingen het boek quotes

This casebook contains 15 historic Supreme Court decisions that interpret the Privileges and Immunities Clause of the Fourteenth Amendment. This clause has long been neglected as the grounds for upholding fundamental rights deriving from either state or federal citizenship. The Supreme Court decision most widely associated with the Clause is the Civil Rights Cases 109 US 3 (1883), which held the Clause protects such things as the right "to come to the seat of government to assert any claim [a citizen] may have upon that government, to transact any business he may have with it, to seek its protection, to share its offices, to engage in administering its functions ... [and to] become a citizen of any State of the Union by a bonafide residence therein, with the same rights as other citizens of that State." Id., at 79-80 (internal quotation marks omitted). In McDonald v. Chicago, a concurring opinion by Justice Clarence Thomas sets forth a detailed analysis that argues for the relevancy of the Privileges and Immunities Clause in modern constitutional jurisprudence. The Court ruled that the right of an individual to "keep and bear arms" is enforceable against the states. The right is protected by the Second Amendment as incorporated by the Due Process Clause of the Fourteenth Amendment. McDonald v. City of Chicago 130 S. Ct. 3020 (2010).