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Quick Con Law Question

Cross-Posted To The Debate Link

Probably a foolish one, but whatever–and we’re on the topic in my Constitutional Law class, so may as well address it now.

The 14th Amendment to the Constitution reads, in part, that “No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States.” This clause, as far as I understand it, was meant to overrule the Supreme Court’s decision in Barron v. City of Baltimore, 32 U.S. 243 (1833), which held that the bill of rights was inapplicable to the states.

However, prior to the passage of the 14th amendment, the constitution already had similar clause in Article IV, Section II, which states that “The citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” In fact, the framers of the 14th amendment specifically and deliberately used language to mirror the pre-existing constitutional text.

I understand that the 14th amendment’s language is slightly more clear and specific than that found in Article IV. But I am curious: what was the purpose or practical effect of the Article IV language originally? Why was it including in the constitution?



2 Responses to “Quick Con Law Question”

  1. Steve says:

    It’s been a while since I took conlaw, but if I remember correctly, Congress passed the 11th amendment specifically to work against section II in article IV. After they saw the effect that had, granting near complete immunity to the states, they included the language stated in the 14th Amendment to limit the scope of the 11th Amendment.

    See Fitzpatrick v. Bitzer, 427 U.S. 445

  2. KipEsquire says:

    Findlaw has very good annotations to every clause of the Constitution:

    Article IV P-and-I

    Fourteenth Amendment P-or-I

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