Written by: Goemagog

"In the Slaughter-House Cases (1873), the Court held that the rights guaranteed in the first 8 amendments are not "privileges and immunities of citizens of the United States" and are thus not applicable to the states through that clause of the 14th amendment."

"Seeing a distinction, it concludes by saying Congress did not intend in passing the 14th amendment to grant the citizens of individual states protection against their state governments in the form of the civil rights enumerated in the Bill of Rights."
- Answerman

Having shown that the privileges and immunities relied on in the argument are those which belong to citizens of the States as such, and that they are left to the State governments for security and protection, and not by this article placed under the special care of the Federal government, we may hold ourselves excused from defining the privileges [83 U.S. 36, 79] and immunities of citizens of the United States which no State can abridge, until some case involving those privileges may make it necessary to do so.

But lest it should be said that no such privileges and immunities are to be found if those we have been considering are excluded, we venture to suggest some which own their existence to the Federal government, its National character, its Constitution, or its laws.

One of these is well described in the case of Crandall v. Nevada. 25 It is said to be the right of the citizen of this great country, protected by implied guarantees of its Constitution, 'to come to the seat of government to assert any claim he may have upon that government, to transact any business he may have with it, to seek its protection, to share its offices, to engage in administering its functions. He has the right of free access to its seaports, through which all operations of foreign commerce are conducted, to the subtreasuries, land offices, and courts of justice in the several States.' And quoting from the language of Chief Justice Taney in another case, it is said 'that for all the great purposes for which the Federal government was established, we are one people, with one common country, we are all citizens of the United States;' and it is, as such citizens, that their rights are supported in this court in Crandall v. Nevada.

Another privilege of a citizen of the United States is to demand the care and protection of the Federal government over his life, liberty, and property when on the high seas or within the jurisdiction of a foreign government. Of this there can be no doubt, nor that the right depends upon his character as a citizen of the United States. The right to peaceably assemble and petition for redress of grievances, the privilege of the writ of habeas corpus, are rights of the citizen guaranteed by the Federal Constitution. The right to use the navigable waters of the United States, however they may penetrate the territory of the several States, all rights secured to our citizens by treaties with foreign nations, [83 U.S. 36, 80] are dependent upon citizenship of the United States, and not citizenship of a State.

SLAUGHTER-HOUSE CASES, 83 U.S. 36 (1872)

several of those are from the bill of rights and they were clear that the 'privilege's they list are not the only ones. the slaughter-house case doesn't say what he said it says.

in fact, when talking about whether or not the fifth amendment applies at all

The first of these paragraphs has been in the Constitution since the adoption of the fifth amendment, as a restraint upon the Federal power. It is also to be found in some form of expression in the constitutions of nearly all the States, as a restraint upon the power of the States. This law then, has practically been the same as it now is during the existence of the government, except so far as the present amendment may place the restraining power over the States in this matter in the hands of the Federal government.

They say quite explicity the opposite, that the eminent domain powers of a state ARE limited by the fifth amendment. Their final decision rested on holding that a career choice is not protected property, and being put out of business was not an infringement of their rights.

Goe, proving people wrong with their own sources.