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Encyclopedia > Corfield v. Coryell

Corfield v. Coryell (6 Fed. Cas. 546, no. 3,230 C.C.E.D.Pa. 1823) was an 1823 federal circuit court case decided by Justice Bushrod Washington while riding circuit. In it, he upheld a New Jersey regulation forbidding non-residents from gathering oysters and clams against a challenge that New Jersey's law violated the Article IV Privileges and Immunities clause and that the New Jersey law regulated interstate commerce in violation of the Commerce Clause. // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... 1823 was a common year starting on Wednesday (see link for calendar). ... External link Biography from the OYEZ Project Categories: People stubs | 1762 births | 1829 deaths | U.S. Supreme Court justices ... Official language(s) None, English de facto Capital Trenton Largest city Newark Area  Ranked 47th  - Total 8,729 sq mi (22,608 km²)  - Width 70 miles (110 km)  - Length 150 miles (240 km)  - % water 14. ... The name oyster is used for a number of different groups of mollusks which grow for the most part in marine or brackish water. ... Categories: Pages needing attention | Animal stubs ... Article Four of the United States Constitution relates to the states. ... The Privileges or Immunities Clause is a provision of the Fourteenth Amendment to the United States Constitution. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ...


The most-cited aspect of Corfield v. Coryell is Justice Washington's listing of the "privileges and immunities" enjoyed by citizens of the United States:

The inquiry is, what are the privileges and immunities of citizens in the several states? We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this Union, from the time of their becoming free, independent, and sovereign. What these fundamental principles are, it would perhaps be more tedious than difficult to enumerate. They may, however, be all comprehended under the following general heads: Protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.
The right of a citizen of one state to pass through, or to reside in any other state, for purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefit of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the state; to take, hold and dispose of property, either real or personal; and an exemption from higher taxes or impositions than are paid by the other citizens of the state; may be mentioned as some of the particular privileges and immunities of citizens, which are clearly embraced by the general description of privileges deemed to be fundamental: to which may be added, the elective franchise, as regulated and established by the laws or constitution of the state in which it is to be exercised. These, and many others which might be mentioned, are, strictly speaking, privileges and immunities, and the enjoyment of them by the citizens of each state, in every other state, was manifestly calculated (to use the expressions of the preamble of the corresponding provision in the old articles of confederation) "the better to secure and perpetuate mutual friendship and intercourse among the people of the different states of the Union."

This passage was quoted in reference to the first section of the Fourteenth Amendment (substantially authored by John Bingham), during congressional debates on the Amendment, for an indication of what the judiciary had interpreted the phrase "privileges and immunities" to mean as it stood in the original Constitution (Article 4 Section 2), though there is substantial evidence to the effect that some congressmen, at the time the Fourteenth Amendment was passed, did not accept Justice Washington's reading of the term. Justice Washington's assessment is often cited by those who advocate a broader reading of the Fourteenth Amendment "privileges and immunities" clause than the Supreme Court gave in Slaughterhouse Cases. The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and it includes the Due Process and Equal Protection Clauses. ... John Bingham (1815–1900) was a Republican Congressman from Ohio, a Radical Republican, and the principal framer of the Fourteenth Amendment to the United States Constitution. ... Holding The 14th Amendment does not protect the privileges and immunities of state citizenship, only national citizenship. ...


References

Link to case from "Founders' Constitution" @ UChicago



 

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