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Exploring "that unexplored clause of the Constitution" :The meaning of the "privileges and immunities of citizens" before the Fourteenth Amendment.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Exploring "that unexplored clause of the Constitution" :
其他題名:	The meaning of the "privileges and immunities of citizens" before the Fourteenth Amendment.
作者:	Upham, David Robert.
面頁冊數:	571 p.
附註:	Director: Richard Dougherty.
附註:	Source: Dissertation Abstracts International, Volume: 63-03, Section: A, page: 1120.
Contained By:	Dissertation Abstracts International63-03A.
標題:	Political Science, General.
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3046043
ISBN:	0493602518

Exploring "that unexplored clause of the Constitution" :The meaning of the "privileges and immunities of citizens" before the Fourteenth Amendment.
Upham, David Robert.

Exploring "that unexplored clause of the Constitution" :The meaning of the "privileges and immunities of citizens" before the Fourteenth Amendment. [electronic resource] - 571 p.

Director: Richard Dougherty.

Thesis (Ph.D.)--The University of Dallas, 2002.

This dissertation concludes that the dominant original and antebellum interpretation of the Privileges and Immunities Clause held that this provision was not a merely anti-discrimination measure, but a substantive one. That is to say, it secured to the citizen, while sojourning in other states, not whatever rights a state might grant to its own citizens, but certain absolute privileges of national citizenship, which privileges, however, were never fully enumerated. It is likely that the framers of the Fourteenth Amendment understood that these same privileges were to be protected by the Privileges or Immunities Clause.

ISBN: 0493602518Subjects--Topical Terms:

212408
Political Science, General.

Exploring "that unexplored clause of the Constitution" :The meaning of the "privileges and immunities of citizens" before the Fourteenth Amendment.
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502 $a Thesis (Ph.D.)--The University of Dallas, 2002.
520 # $a This dissertation concludes that the dominant original and antebellum interpretation of the Privileges and Immunities Clause held that this provision was not a merely anti-discrimination measure, but a substantive one. That is to say, it secured to the citizen, while sojourning in other states, not whatever rights a state might grant to its own citizens, but certain absolute privileges of national citizenship, which privileges, however, were never fully enumerated. It is likely that the framers of the Fourteenth Amendment understood that these same privileges were to be protected by the Privileges or Immunities Clause.
520 # $a This dissertation is a study in American constitutional history. It traces the development of the concept “privileges and immunities of citizens” from the Founding until the Civil War. The expression “privileges and immunities of citizens” is found in two provisions of the Constitution: the Privileges and Immunities Clause of Article IV and the Privileges or Immunities Clause of the Fourteenth Amendment. While there have been many, long, but conflicting, studies of the original understanding of the latter clause, there has been very little research of the early understanding of its predecessor. This study provides, for the first time, an extensive analysis of the early interpretation of the older, Privileges and Immunities Clause, in order not only to recover the Founders' construction of this Clause, but also to shed some light on the contentious issue of the original understanding of the subsequent Privileges or Immunities Clause.
520 # $a This study proceeds in a roughly chronological manner and is divided into ten chapters. The first five chapters treat the Founders' understanding of the Privileges and Immunities Clause as indicated either by their explicit remarks on the privileges of citizenship or by implications drawn from their general principles. The following five chapters review the various interpretations of the “privileges and immunities of citizens” offered by courts, jurists, and other authorities in the nineteenth century. Particular attention is paid to the interpretations offered in controversies concerning slavery and the rights of free blacks. The study ends with a tentative sketch of the original understanding of the Privileges or Immunities Clause.
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