As the we prepare to reignite the debate on the meaning and implications of the Privileges or Immunities clause of the 14th Amendment, we find ourselves reaching back to the 19th century for guidance and interpretation.
From the Georgia Supreme Court, we have two interesting pre-Civil War precendents. In Nunn v. State, Chief Justice Joseph H. Lumpkin nullified a state-level handgun ban by interpreting the 2nd Amendment as an injunction against all governments, as opposed to a limitation only on Federal powers. Nunn v. State has gained quite a bit of notoriety over the last few years, and is likely to be cited in the arguments for McDonald v. Chicago.
Lumpkin subsequently revisited the issue in Campbell v. The State of Georgia. James Campbell was convicted of voluntary manslaughter based in part on the deathbed testimony of one Alfred Mays. Campbell’s attorneys argued that Mays’ testimony was inadmissible as evidence as its use would have contravened the 6th Amendment right of Campbell to be confronted by witnesses against him. Continued...