Corfield v. Coryell
Encyclopedia
Corfield v. Coryell (6 Fed. Cas. 546, no. 3,230 C.C.E.D.Pa. 1823)
was an 1823 federal circuit court case decided by Justice Bushrod Washington
while riding circuit. In it, he upheld a New Jersey
regulation forbidding non-residents from gathering oyster
s and clam
s against a challenge that New Jersey's law violated the Article IV
Privileges and Immunities Clause
and that the New Jersey law regulated interstate commerce in violation of the Commerce Clause
. The case is available in Thayer's Cases on Constitutional Law, Part 2
The most-cited aspect of Corfield v. Coryell is Justice Washington's listing of the "privileges and immunities" enjoyed by citizens of the United States:
This passage was quoted in reference to the first section of the Fourteenth Amendment
(substantially authored by John Bingham
), during congressional debates on the Amendment, for an indication of what the judiciary had interpreted the phrase "privileges and immunities" to mean as it stood in the original Constitution (Article 4 Section 2), though there is substantial evidence to the effect that some congressmen, at the time the Fourteenth Amendment was passed, did not accept Justice Washington's reading of the term. Justice Washington's assessment is often cited by those who advocate a broader reading of the Fourteenth Amendment Privileges or Immunities Clause
than the Supreme Court gave in Slaughterhouse Cases
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
was an 1823 federal circuit court case decided by Justice Bushrod Washington
Bushrod Washington
Bushrod Washington was a U.S. Supreme Court associate justice and the nephew of George Washington.Washington was born in Westmoreland County, Virginia, and was the son of John Augustine Washington, brother of the first president. Bushrod attended Delamere, an academy administered by the Rev....
while riding circuit. In it, he upheld a New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
regulation forbidding non-residents from gathering oyster
Oyster
The word oyster is used as a common name for a number of distinct groups of bivalve molluscs which live in marine or brackish habitats. The valves are highly calcified....
s and clam
Clam
The word "clam" can be applied to freshwater mussels, and other freshwater bivalves, as well as marine bivalves.In the United States, "clam" can be used in several different ways: one, as a general term covering all bivalve molluscs...
s against a challenge that New Jersey's law violated the Article IV
Article Four of the United States Constitution
Article Four of the United States Constitution relates to the states. The article outlines the duties states have to each other, as well as those the federal government has to the states...
Privileges and Immunities Clause
Privileges and Immunities Clause
The Privileges and Immunities Clause prevents a state from treating citizens of other states in a discriminatory manner...
and that the New Jersey law regulated interstate commerce in violation of the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
. The case is available in Thayer's Cases on Constitutional Law, Part 2
The most-cited aspect of Corfield v. Coryell is Justice Washington's listing of the "privileges and immunities" enjoyed by citizens of the United States:
This passage was quoted in reference to the first section of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
(substantially authored by John Bingham
John Bingham
John Armor Bingham was a Republican congressman from Ohio, America, judge advocate in the trial of the Abraham Lincoln assassination and a prosecutor in the impeachment trials of Andrew Johnson...
), during congressional debates on the Amendment, for an indication of what the judiciary had interpreted the phrase "privileges and immunities" to mean as it stood in the original Constitution (Article 4 Section 2), though there is substantial evidence to the effect that some congressmen, at the time the Fourteenth Amendment was passed, did not accept Justice Washington's reading of the term. Justice Washington's assessment is often cited by those who advocate a broader reading of the Fourteenth Amendment Privileges or Immunities Clause
Privileges or Immunities Clause
The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. It states:Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868....
than the Supreme Court gave in Slaughterhouse Cases
Slaughterhouse Cases
The Slaughter-House Cases, were the first United States Supreme Court interpretation of the relatively new Fourteenth Amendment to the Constitution...
.