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Corfield v. Coryell


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, sitting as a judge for the U.S. District Court for the Eastern District of Pennsylvania. In it, he upheld a New Jersey regulation forbidding non-residents from gathering oysters and clams 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:

The right of a citizen of one state to pass through, or to reside in any other state, for purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefit of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the state; to take, hold and dispose of property, either real or personal; and an exemption from higher taxes or impositions than are paid by the other citizens of the state; may be mentioned as some of the particular privileges and immunities of citizens, which are clearly embraced by the general description of privileges deemed to be fundamental: to which may be added, the elective franchise, as regulated and established by the laws or constitution of the state in which it is to be exercised. These, and many others which might be mentioned, are, strictly speaking, privileges and immunities, and the enjoyment of them by the citizens of each state, in every other state, was manifestly calculated (to use the expressions of the preamble of the corresponding provision in the old articles of confederation) "the better to secure and perpetuate mutual friendship and intercourse among the people of the different states of the Union."


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