This exhaustively researched book presents the history behind a revolution in American liberty: the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment. It follows the evolution in public understanding of 'the privileges and immunities of citizens of the United States', from the early years of the Constitution to the election of 1866. For 92 years nothing in the American Constitution prevented states from abridging freedom of speech, prohibiting the free exercise of religion, or denying the right of peaceful assembly. The suppression of freedom in the southern states convinced the Reconstruction Congress and supporters of the Union to add an amendment forcing the states to respect the rights announced in the first eight amendments. But rather than eradicate state autonomy, the people embraced the Fourteenth Amendment that expanded the protections of the Bill of Rights and preserved the Constitution's original commitment to federalism and the principle of limited national power.

Excerpt from The Adoption of the Fourteenth Amendment The Supreme Court Of the United States, in the Slaugh ter House Cases, declared that the privileges and immuni ties of citizens guaranteed by the Fourteenth Amendment are those which they possess as citizens Of the United States and not those which they enjoy by virtue of state citizenship. This decision means that those privileges and immunities which flow from state citizenship must rest for their security and protection where they have heretofore rested, namely, upon the States. In Maxwell w. Dow the Court declared that the privileges and immunities Of citi zens Of the United States do not include those enumerated in, and secured against violation on the part of the Central Government by the first eight Amendments to the Federal Constitution. The same Court, in the Civil Rights Cases, declared that Congress cannot enact direct, affirmative leg islation for the enforcement of the Fourteenth Amendment and can enact only remedial legislation. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.