Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Supreme Court — Part 6
Page 19
19 / 108
18 Hague vs. Comatittee far Industrial Organization.
As will presently appear, the right to maintain a suit in equity
to restrain state officers, acting tnder a state law, from infringing
the rights of freedom of speech and of assembly guaranteed by the
due process clause, is given by Act of Congress to every person
within the jurisdiction of the United States whether a citizen or not,
and such a suit may be maintained in the district court without
allegation or proof that the jurisdictional amount required by
§ 24(1) of the Judicial Code is involved, Henee there is no oeva-
sion, for jurisdictional purposes or any other, to consider whether
freedom of speech and of assembly are immunities secured by the
privileges and immunities clause of the Fourteenth Aimondment to
citizens of the United States, or te revive the contention. rejected
by this Court in the Slewqhicr-House Cases, supra, that the privi-
leges anc immunities of United States citizenship, proteeted by
that clause, extend beyond those which arise or grow out of the rela-
tionship of United States citizens to the national government.'
1 The privilege or immunity asserted in the Slaughter-House casea was the
freedom to pursue a common business or calling, alleged to have been infringed
by a state monopoly atatute. It shotit not be forgotten that the Court, in
deciding the ¢asc, did not deny the contention of the dissenting justices that.
the asserted freedom waa in fact inffiuged by the state Inw. It rested its
decision rather on the ground that the (mimunity claimed waa not one belonging
to persona by virtue of their citizenship, “*Tt ja quite clear’’, the Court de-
clared (p. 743, ‘‘that there is a citizenship ef the United States. and a citizen-
ship of a State, which ore distinct from each other, and which depend on
different characteristics in the individunl.’? And it held that the protection of
the privileges and immunitica clausc ‘lid not extend to those ‘‘fusdamental "”
rights attached to state citizenship which are peculiarly the creation and con-
ecrn of state goveronentsa and which Mr, Justice Washington, in Corfield +.
Coryell, 4 Wash, (, ©. 371, 6 Fed. Cas. No, 5250, mistakenly thonght to be
guaranteed by Article TV, $2 of the Constitution. The privileges and im-
munities of citizens of the United States, it was pointed out, ure confined to
that limited class ef intcreata growing out of the relationship between the
citizen ond the national government erented by the Constitution and federal
laws. Slaughter-Holer Cases, 16 Wall, 36,79; see Twining v. Now Jersey, 211
U.S, 78, 97, 98.
That limitation upon the operation of the privileges and immunities cianme
has not been relaxed hy any later decisions of this Court. In re Kemmler, 136
U.S. 430, 448; McPherson rv. Blacker, 146 U. 8. 1, 38; Giozza v. Tiernan, 145
U. 8. G57, 661; Drunean +. Missouri, 152 U. 8. 477, 382, Upen that grotind ap-
peals to this Court to extend the clause beyond the limitation have uniformly
been rejected, and oven those basic privileges and immunitios secured againat:
federn! infringervent by the first sight amendments have uniformly been held
not to be protected from state action by the privileges and immunities clause.
Walker rv, Sauvinet, 92 0.5. 90; Hurtada vr, California, 10 UL 8. 516; Prosser
ve. Tilingis, 116 UL §. 259; O'Neill ©. Vermont, 144 0. 8. 224, Maxwell », Dow,
174 «U. & 581; West e Louisiana, 194 U. 8. 258; Twining v. New Jeracy,
supra; Palko +. Connecticut, 302 U. 8. 219.
The reason fer thia narrow ronstruction of the clause and the eonsistently
exhibited reluctance of thia Court to cularge its scope haa heen well understood
since the decision of the Slanghter-Huouses Cases. Jf its restraint upon atate
Hague vs. Commstiee for Industrial Organization. 19
That such is the limited application of the privileges and immuni-
ties clause seems now to be conceded by my brethren, But it is said
that the freedom of respondents with which the petitioners have in-
terfered is the ‘freedom to disseminate information concerning the
provisions of the National Labor Relations Act, to assemble peace-
ably for discussion of the Act, and of the opportunities and advan-
tages offered by it’’, and that these are privileges and immunities of
citizens of the United States sceured against state abridgment by the
privileges and immunities clause of the Fourteenth Amendment. It
has been said that the right of citizens to assemble for the purpose
ia 4 privilege
of petitioning Congress for the redress of grieva
of United States cttizenship protected by the privileges and im-
munities clause. United States v. Cruikshank, 92 U. 8. 542, 552-
5G. We may assume for present purposes, althongh the step is a
long and by no means certain one, see Marwell v. Dot, 176 ULS8.
SRL: Trining v. New Jersey, supra, that the right to astemble to dis-
cuss the advantages of the National Labor Relations Act is likewise a
privilege seoured hy the privileges and immunities clause to citizens
af the United States, but not to others, while freedom to as-
semble for the purpose of discussing 3 similar state statute would
not be within the privileges and immunities clause. But the diffi-
eulty with this assumption is, as the reeord and briefs show, that. it
is an afterthought first emerging in this case after it was submitted
to us for decision, and like most afterthoughts in litigated matters
it is without adequate support in the reeord.
action were to be extended more than ia needful to protect relationships be-
tween the citizen and the national government, and if it were to be deemed
to extend to those fundamental rights of person and property attached to
citizenship by the conunon law and enactments af the atates when the Amend-
mont was adopted, such as were described in Corfield vr. Coryell, supra. it would
enlarge Congressional and judicial central of state aetion and multiply re-
strictions upon it whore naturc, though difficult to anticipate with precision,
would be of snfticient gravity to cause serious apprehension for the rightful
indepemience of local government. That waa the issue fought out in the
slanghfer-House Cases, with the decision against enlargement,
Of the fifty or more cases which have been brought to this Court sisee the
adoption of ‘the Fourteenth Amendment in which state statutes have been
asaniled an violating the privileges and immunities clause, in only a single case
wre watainte held to infringe & prividege or immunity peeuliar to citizenship
of the United States. In that one, Colgate v. Harvey, 296 UL A, 404, it waa
thought neressary to support the decision hy pointing to the apecifle reference
in the Mlaughter-Tlonse Cases, supra, 79, to the right to piss freely from atate
fo atate, susinined aaa right of mafional citizenship in Crandall ©. Nevada, 6
, the adoption of the Amendinont, ; .:
cases will be found collected in Footnote 2 of the disstnting opinion
im Colgate v, Marvey, 296 [1 8, 404, 445. To these should be added Holden t
Hardy, 169 U. 8. 306; Ferry Spokane P. & 9. BR. Co., 258 U.S. 314; New
York ex rel. Bryant v. Zimmerman, 278 7, 8, 63; Whitfield v, Chio, 207 U. 8.
431; Breadtove t. Suttles, 302 U.S. 277; Palko v. Connectieut, 302 U. 8. 319.
uw
Wil
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic