The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
But national courts are bound to take notice without proof of the laws
of each of the States.[311] The principle is thus laid down by Chief
Justice Marshall: “The laws of a foreign nation, designed only for the
direction of its own affairs, are not to be noticed by the courts of
other countries, unless proved as facts.”[312] For national purposes
embraced by the Constitution, the States and their citizens are one,
united under the same sovereign authority, and governed by the same
laws. In all other respects the States are necessarily foreign to and
independent of each other,—their constitutions and forms of government
being, although republican, altogether different, as are their laws
and institutions.[313] In government, jurisdiction is co-extensive
with sovereignty. Faith, credit, public acts, records, or judicial
proceedings that are valid in a State are, when proved, valid in
every other State, and Congress possesses the power to prescribe by
general laws the manner and the effect of proof. This supreme power is
incidental, as well as necessary, to national sovereignty as realized
in “the more perfect Union.”[314]
122. The citizens of each State are entitled to all privileges and
immunities of citizens in the several States.[315] But a corporation
is not a citizen, being but an artificial person created by the
Legislature and possessing only the powers and attributes which the
Legislature has prescribed.[316] This conclusion is inevitable from
the principle of jurisdiction. No State can create or give powers to
a corporation in another State, or powers that will be valid there. A
corporation created by a Legislature has powers and privileges only
within the jurisdiction of that Legislature; or, as is said: “The
corporation being the mere creation of local law, can have no legal
existence beyond the limits of the sovereignty where created.”[317]
Thus a State may admit or exclude foreign corporations, and the
corporation cannot maintain a claim of citizenship to right to enter
the State.
123. The words “privileges and immunities of citizens” are of
comprehensive meaning as determined by the courts from time to time
as issues (cases or controversies) come before them. The clause in the
Constitution
plainly and unmistakably secures and protects the right of a
citizen of one State to pass into any other State of the Union for
the purpose of enjoying in lawful commerce, trade, or business,
without molestation; to acquire personal property; to take and hold
real estate; to maintain actions in the courts of the State, and to
be exempt from any higher taxes or excises than are imposed by the
State upon its own citizens.[318]
Or, as the principle is further stated: the sole purpose of the
constitutional provision is
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