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Fourteenth Amendment

The Fourteenth Amendment provides that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

A. Privileges and Immunities Clause

The Privileges and Immunities Clause of the Fourteenth Amendment only refers to uniquely federal rights and does not protect those rights which relate only to state citizenship, nor does it incorporate any of the Bill of Rights. Slaughterhouse Cases.

1. Federal Rights Federal rights include the right to interstate travel or commerce, the right to petition Congress, the right to enter federal lands, the rights of a citizen while in the custody of a federal officer, and the right to vote in federal elections.
2. State Rights
State rights include “fundamental” rights not explicitly stated in the Constitution, but generally given by the common law of any free nation. One such right is the right to practice one’s trade. Id.

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