ogated no rights
possessed by them as United States citizens and that insofar as that law
interfered with their claimed privilege of pursuing the lawful calling
of butchering animals, the privilege thus terminated was merely one of
"those which belonged to the citizens of the States as such, and" that
these had been "left to the State governments for security and
protection" and had not been by this clause "placed under the special
care of the Federal Government." The only privileges which the latter
clause expressly protected against State encroachment were declared to
be those "which owe their existence to the Federal Government, its
National character, its Constitution, or its laws."--privileges, indeed,
which had been available to United States citizens even prior to the
adoption of the Fourteenth Amendment; and inasmuch as under the
principle of federal supremacy no State ever was competent to interfere
with their enjoyment, the privileges and immunities clause of the
Fourteenth Amendment was thereby reduced to a superfluous reiteration of
a prohibition already operative against the States.[14]
PRIVILEGES AND IMMUNITIES OF CITIZENS OF THE UNITED STATES
Although the Court has expressed a reluctance to attempt a definitive
enumeration of those privileges and immunities of United States citizens
such as are protected against State encroachment, it nevertheless felt
obliged in the Slaughter-House Cases "to suggest some which owe their
existence to the Federal Government, its National character, its
Constitution, or its laws." Among those then identified were the
following: right of access to the seat of Government, and to the
seaports, subtreasuries, land offices, and courts of justice in the
several States; right to demand protection of the Federal Government on
the high seas, or abroad; right of assembly and privilege of the writ of
_habeas corpus_; right to use the navigable waters of the United States;
and rights secured by treaty.[15]
In a later listing in Twining _v._ New Jersey,[16] decided in 1908, the
Court recognized "among the rights and privileges" of national
citizenship the following: The right to pass freely from State to
State;[17] the right to petition Congress for a redress of
grievances;[18] the right to vote for national officers;[19] the right
to enter public lands;[20] the right to be protected against violence
while in the lawful custody of a United States marshal;[21] and the
right to in
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