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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.
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