A. P&Is of federal citizenship under 14th am. (correlative rts; c/L per Crandall, too)
1. recognized by Crandall v. Nevada (rt to travel) before 14th am. passed
2. P&Is of federal citizenship under 14th cannot be abridged by anyone, even civilians! (per Crandall, not the 14th am.)
3. P&Is of federal citizenship are correlative rights & can’t be abridged by states or civilians; correlative rights come from the federal government’s national character
4. the correlative rights:
a) interstate travel
b) access to art. III courts
c) access to federal marshal
d) run for office
e) petition Congress for redress of grievances
f) protection on high seas
g) one person, one vote
h) not the BOR’s guarantees (only enforceable v. state action) Twining
B. P&Is of state citizenship under 5th am.
1. enforceable via 4.2
2. can only be enforced against state actors (includes all state action)
3. PFC: fundamental right + unfair (no subst. rzn & not narrowly tailored)
4. P&Is of state citizenship = fundamental rights!
a. why? purpose was to fuse into one nation the independent sovereign states; therefore, P&Is only apply to fundamental rights
b. fundamental: for the promotion of interstate harmony; rights that are important to the maintenance & well-being of the union
c. from Slaughter-house: P&Is are those rights which are “fundamental, which belong of right to the citizens of all free government, and which have at all times been enjoyed by citizens of the several states which compose this union, from the time of their becoming free, independent and sovereign.”
5. states can abridge P&Is of state citizenship, but only if:
a. there is a substantial reason for the difference in treatment &
b. the discrimination practiced against the nonresidents bears a substantial relationship to the state’s objective (Piper)
6. what rights have been found to be “fundamental” P&Is of state citizenship?
a. traditional c/L civil rts
b. the bills of rights guarantees (from the state
1. travel interstate: right of a citizen to leave one state and enter another (federal per Crandall)
2. visit another state: rt to be treated like welcome visitor rather than unfriendly alien (state only! Baldwin-different cost for hunting license; not fundmt’l)
3. become citizen: rt to become per. residents and be treated like other citizens of the state (federal per Slaughterhouse cases, Saenz)
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