How has the Supreme Court interpreted the Fourteenth Amendment's privileges and immunities clause?

The Fourteenth Amendment’s Privileges and Immunities Clause provides that no state shall deny citizens of other states the same privileges and immunities that are provided to citizens of that state. This clause has been interpreted by the Supreme Court in a number of cases. In its 2018 decision, Gamble v. United States, the Supreme Court held that the Privileges and Immunities Clause of the Fourteenth Amendment does not protect an individual from double jeopardy, thus allowing criminal defendants to be tried in both state and federal court for the same crime. In its 2010 decision, McDonald v. City of Chicago, the Supreme Court held that the Fourteenth Amendment’s Privileges and Immunities Clause protects citizens of all states from certain forms of state infringement on fundamental rights, such as the right to bear arms for self defense. This decision overturned the Supreme Court’s earlier decision in the case of United States v. Cruikshank, where the Court held that the Privileges and Immunities Clause was inapplicable to state laws. In its 1970 decision in Goldberg v. Kelly, the Supreme Court held that the Fourteenth Amendment’s Privileges and Immunities Clause prohibits a state from depriving a person of certain essential benefits without due process of law. The Court held that a person who is receiving certain essential benefits, such as welfare payments, must receive a hearing before his or her benefits are terminated. This decision has had a major impact on the rights of those receiving governmental benefits. In sum, the Supreme Court has interpreted the Fourteenth Amendment’s Privileges and Immunities Clause in a number of ways, from protecting individuals from double jeopardy to protecting citizens from certain state infringements on fundamental rights. Additionally, the Court has held that the Clause prohibits a state from depriving a person of essential benefits without due process of law.

Related FAQs

What is the process for amending the US Constitution?
What is the impact of the Fourteenth Amendment on the power of Congress?
What is the purpose of the original jurisdiction of the Supreme Court?
How has the Supreme Court interpreted the Second Amendment?
What is the scope of the right to counsel under the Sixth Amendment?
What is the difference between substantive and procedural due process?
How has the Supreme Court interpreted the scope of federal power under the US Constitution?
What is the scope of the equal protection clause of the Fourteenth Amendment?
How has the Supreme Court interpreted the Equal Protection Clause of the Fourteenth Amendment?
What is the scope of habeas corpus under the US Constitution?

Related Blog Posts

The Implications of the Constitution on Your Rights: An Examination of Constitutional Law - July 31, 2023
Understanding the U.S. Constitution: Key Provisions Explained - August 7, 2023
The Basics of Constitutional Law: An Overview - August 14, 2023
The Intersection of Laws and the Constitution: What You Need to Know - August 21, 2023
The Importance of Constitutional Law: Exploring Its Significance - August 28, 2023