Speech #850104029

The decision then defined the rights of Federal citizenship as including the rights I have listed. But. the Court went on to say thatIf there is a difference between the privileges and immunities belonging to a citizen of the United States as such. and those belonging to the citizens of the State as such. the latter must rest for their security and protection where they have heretofore rested. They are not embraced. the Court said. in the paragraph of the 14th amendment which says: All persons born and naturalized In the United States and subject to the jurisdiction thereof. are citizens of the United States and of the State wherein they reside. The decision referred to the history of the Constitution and to earlier court decisions. and said: It would be the vainest show of learning to attempt to prove by citations of authority that up to the adoption of the recent amendments (that Is. the 13th. 14th. and 15th) no right or pretense was set up that those rights depended on the Federal Government for their existence or protection beyond the very few express limitations which the Federal Constitution imposed upon the Statessuch. for instance. as the prohibition against ex post facto laws. bills of attainder. and laws impairing the obligation of contracts. But with the exception of these and a few other restrictions. the entire domain of the privileges and immunities of citizens of the States. as above defined. lay within the constitutional and legislative power of the States. and without that of the Federal Government.