Get It Right: Article IV, Section 2, Clause 1 is a Citizen Clause

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The Supreme Court in the case of McDonald v. City of Chicago had a chance and opportunity to set things right with Article IV, Section 2, Clause 1 of the Constitution of the United States of America. However, they did not.

Justice Miller, in the Slaughterhouse Cases, on page 75, changed the wording of Article IV, Section 2, Clause 1 to read: "the privileges and immunities of citizens OF the several States." In addition, he changed the wording in Justice Washington's opinion in Corfield v. Coryell, at pages 75 thru 76 to read: "The inquiry is, what are the privileges and immunities of citizens OF the several States?"

Taking the change of wording in Article IV, Section 2, Clause 1 of the Constitution with the change of wording in the opinion of Corfield v. Coryell, and add to this the fact that Corfield v. Coryell is the leading case on Article IV, Section 2, Clause 1 of the Constitution, one is led to the conclusion, without having read other cases on this issue, that Article IV, Section 2, Clause 1 of the Constitution of the United States was modified by the adoption of the Fourteenth Amendment. Just like Article III, Section 2, Clause 6 of the Constitution of the United States of America (“between a State and Citizens of another State.)” was modified by the Eleventh Amendment.

Article IV, Section 2, Clause 1 is now a Citizen Clause since the adoption of the Fourteenth Amendment. Legal authority quoted, cited and linked.

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Published In: Constitutional Law Updates, Immigration Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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