The Case to Reclaim our Nationwide Privileges and Immunities: Helping to Solve the Mystery of Their Disappearance - Hardcover

by Brian S. Messenger (Author)

The first sentence of Article IV, Section 2 of the United States Constitution states: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the Several States." This is known as the Privileges and Immunities Clause. That 17 word sentence has immense power, but its use and understanding are in hibernation.

This book helps to solve the mystery as to how this critical part of our Constitution has been forgotten and neglected. To do this, it starts with an analysis of English history back to the Middle Ages. It then progresses through Colonial America and the Declaration of Independence. A complete study of the Privileges and Immunities sentence in the Articles of Confederation helps to unlock the mystery. This sentence with 148 words, 9 commas and 2 semicolons is fully anlayzed. Progressing through the development of initial State Constitutions and the United States Constitution sets the stage.

As the 1800's progressed, this research shows three "butterfly" effects that have resulted in confusion. Forensically analyzing what went wrong, and the key factors that led to this outcome is the primary focus of this historical analysis. Studying a string of over 80 Supreme Court decisions since the mid-1800's, this book provides detailed appendices to show decisions that match historical precedent, those that don't, and those that should have used the Privileges and Immunities Clause instead of alternative approaches. Finally, this book identifies a detailed set of standing Supreme Court precedents regarding the Privileges and Immunities Clause. It explains how these can help to protect and enhance the fundamental rights of all American citizens today.