The Privileges and Immunities Clause: A Reaffirmation of Fundamental Rights

Authors

Jean G. Howard

Abstract

In this note, the author examines the continuing debate over the role of the judiciary in reviewing state legislative acts and indicates the continued reluctance of the Supreme Court of the United States to expand the content of rights protected under the privileges and immunities clause of article IV and the fourteenth amendment. The author concludes that the present refusal of the Court to impose its own value judgments over those of the state legislature is consistent with the purpose and past interpretation of the privileges and immunities clause, absent a conflict with other rights of the Constitution.

Recommended Citation

Jean G. Howard, The Privileges and Immunities Clause: A Reaffirmation of Fundamental Rights, 33 U. Mia. L. Rev. 691 (1979)
Available at: https://repository.law.miami.edu/umlr/vol33/iss3/7