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Old April 22, 2013, 12:17 PM   #18
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Join Date: December 15, 2011
Location: San Diego, CA
Posts: 317
Originally Posted by Jim Dandy
Speed Racer there are two P/I clauses. The one in the constutition proper, Article 4, Section 2. Which is properly the Privileges AND Immunities Clause, and the clause in the 14th amendment, the Privileges OR Immunities clause.

Because rulings exist for the 14th Amendment version, which is written in a distinctly different form than Article 4 Section 2, if we aim at A4 S2 instead....
I disagree, there are not 2 P/I clauses. There is only A4S2. There is language in the 14th which makes it clear that neither your P nor your I can be messed with by the states (incorporation via amendment).

This does not mean there are two competing clauses and oh-my-what-did-the-framers-really-mean. The two references are worded differently because they must be, as I explained above. A4S2 binds the Federal govt (you have your P&I no matter which state you're in) & the 14th binds the states (states cannot mess with your P nor can they mess with your I).
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