“Liberty” Beyond the Bill of Rights

In Corfield, ¹ decided only thirty-two years after the Bill of Rights went into effect, Justice Washington, when considering what the words “privileges” and “immunities” meant, spoke of rights “which are in their very nature, fundamental, which belong, of right, to the citizens of all free governments.” He did not say that “privileges” and “immunities” could be defined only by the rights guaranteed by the Bill of Rights.