Speech #900117168

These rights were mentioned repeatedly in the debates. as was the case itself. Judge Marshall was then asked why he thought the word "citizen" was used in relation to the privileges and immunities clause of the 14th amendment. but the word "person" was used in the due process and equal protection clauses. He seemed to be unsure of this. and stated that since the first section of the 14th amendment made all persons born or naturalized in the United States. citizens of the United States and the State in which they reside. the words "person" and "citizen" became quite close. The basic distinction. which Judge Marshall missed. is that privileges and immunities were limited to citizens in the original Constitution and were. therefore. limited to citizens in the 14th amendment. All aliens in the United States are entitled to due process and equal protection of the law. but no knowledgeable lawyer would argue that aliens are entitled to all the privileges and immunities which inure to citizens of the United States. because !of the fact of their citizenship.