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 ======================================================================= LIBERTY LAW - CROSS THE BAR & MAKE YOUR PLEA - FIRST VIRTUAL COURT, USA Presiding JOP: Tom Clark, Constable: Robert Happy, Clerk: Kerry Rushing ======================================================================= 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: <snipped> ==================================================================== [Text is usually formatted in Courier 11 non-proportional spacing @] [65-characters per line; .DOCs by MS-WORD for MS-DOS, Version 5.0B.] Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win] We can decode all your byte streams, spaghetti code notwithstanding. Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan ====================================================================
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