The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
[474] Civil Rights Cases, 109 U. S., 3 (1883).
[475] 14 Statutes at Large, 27, Ch. 31; Enforcement Act, May 31, 1870,
16 Statutes at Large, 140, Ch. 114.
[476] Civil Rights Cases, _supra_.
[477] That is, violating Amendments VI. and XIV.
[478] Hurtado _v._ California, 110 U. S., 516 (1884).
[479] “The trial by jury in civil cases guaranteed by the Seventh
Amendment (Walker _v._ Sauvinet, 92 U. S., 90) and the right to bear
arms guaranteed by the Second Amendment (Presser _v._ Illinois,
116 U. S., 252) have been distinctly held not to be privileges and
immunities of citizens of the United States against abridgment by the
States, and in effect the same decision was made in respect of the
guarantee against prosecution, except by indictment of a grand jury in
the Fifth Amendment (Hurtado _v._ California, 110 U. S., 516) and with
respect to the right to be confronted with witnesses, contained in the
Sixth Amendment (West _v._ Louisiana, 194 U. S., 258). In Maxwell _v._
Dow, 176 U. S., 606, when the plaintiff in error had been convicted
in a State court of a felony upon an information, and by a jury of
eight persons, it was held that the indictment made indispensable by
the Fifth Amendment, and the trial by jury guaranteed by the Sixth
Amendment, were not privileges and immunities of citizens of the United
States, as those words were used in the Fourteenth Amendment....
We conclude, therefore, that the exemption from compulsory
self-incrimination (‘see Amendment V.’) is not a privilege or immunity
of national citizenship guaranteed by this clause (‘the first clause’)
of the Fourteenth Amendment against abridgment by the States.” Twining
_v._ State of New Jersey, 211 U. S., 78 (1908).
[480] United States _v._ Wong Kim Ark, 169 U. S., 649 (1898).
[481] Art. i., 8: 4.
[482] United States _v._ Villato, 2 Dallas, 373; Nishimura Ekin _v._
U. S., 142 U. S., 651; Luria _v._ U. S., 231 U. S., 9.
[483] _Ex parte_ Griffiths, 118 Indiana, 83 (1889), citing many cases,
(_inter alia_) Hayburn’s Case, 2 Dallas, 409, n.; United States _v._
Ferrera, 13 Howard, 40, n.; United States _ex rel._ _v._ Duell, 172
U. S., 576 (1898), also to be consulted.
[484] United States _v._ Rodgers, 150 U. S., 249 (1893).
[485] Guinn and Beal _v._ United States, 238 U. S., 347 (1915).
[486] _Idem._
[487] _Idem._ and citing _Ex parte_ Yarbrough 110 U. S., 651 (already
considered in the present Chapter) and Neal _v._ Delaware, 103 U. S.,
370. The decisions of the Supreme Court do not conflict with a State
constitution that requires, as a qualification for voting, a literacy
test, or a religious test, or a property test, or indeed any test which
is not a discrimination on account of race color or previous condition
of servitude.
[488] Calder _v._ Bull, 3 Dallas, 386 (1798); Kring _v._ Missouri, 107
U. S., 221 (1882); Thompson _v._ Utah, 170 U. S., 343 (1898). All the
State constitutions forbid _ex post facto_ laws.
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