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Justice Thomas wants to revive it
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In no decisions between 1873 and 1999, except for one decision that was then overruled, did the Privileges and Immunities Clause of the Fourteenth Amendment make a difference.  But in ''Saenz v. Roe'' (1999), the Supreme Court did invoke the Privileges and Immunities Clause of the Fourteenth Amendment to invalidate a California law that defined welfare benefits for new residents and California citizens at the (lower) level provided by their former state for their first year in California.  The Court found this discrimination to violate one of the privileges and immunities of being an American citizen.
 
In no decisions between 1873 and 1999, except for one decision that was then overruled, did the Privileges and Immunities Clause of the Fourteenth Amendment make a difference.  But in ''Saenz v. Roe'' (1999), the Supreme Court did invoke the Privileges and Immunities Clause of the Fourteenth Amendment to invalidate a California law that defined welfare benefits for new residents and California citizens at the (lower) level provided by their former state for their first year in California.  The Court found this discrimination to violate one of the privileges and immunities of being an American citizen.
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Justice Clarence Thomas has suggested reviving the Privileges and Immunities Clause.  In a dissent he wrote that "the demise of the Privileges or Immunities Clause has contributed in no small part to the current disarray of our 14th Amendment jurisprudence." To clarify things, "I would be open to re-evaluating its meaning in an appropriate case."<ref>http://online.wsj.com/article/SB123699111292226669.html</ref>
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== References ==
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<references/>
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[[Category:United States Constitution]]
 
[[Category:United States Constitution]]
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