It hath that extent-no more…If the State laws do not interfere, those immunities follow under the Constitution". On February 28, 1866, Bingham expressed his opinion that this draft language would give Congress power to "secure to the citizens of each State all the privileges and immunities of citizens of the United States in the several States", and he added that "he proposition pending before the House is simply a proposition to arm the Congress…with the power to enforce the bill of rights as it stands in the constitution today. This language closely tracked the existing language in the Privileges and Immunities Clause.
The Congress shall have power to make all laws which shall be necessary and proper to secure to the citizens of each state all privileges and immunities of citizens in the several states. The draft constitutional amendment provided: On February 3, 1866, the Joint Committee on Reconstruction (also known as the "Joint Committee of Fifteen") voted in favor of a draft constitutional amendment proposed by Bingham. The common historical view is that Bingham's primary inspiration, at least for his initial prototype of this Clause, was the Privileges and Immunities Clause in Article Four of the United States Constitution, which provided that "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States". The primary author of the Privileges or Immunities Clause was Congressman John Bingham of Ohio.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution.Īlong with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868. Not to be confused with the related Privileges and Immunities Clause.
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