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able rights” which Jefferson extolled were those guarantees and safeguards without which man could not fulfill his essential humanity. Since the Creator must have intended his Creatures to be fulfilled in their essential destiny, it was presumed that these rights had divine origin. These rights were not created by the state, but it was the duty of the state to ensure their protection. The Bill of Rights had incorporated the most vital safeguards for the fulfillment of human development. For example, without the freedoms of expression grounded in the First Amendment, man could not communicate and develop his rational faculties. Without the Fourth Amendment safeguards against arbitrary intrusions into his privacy, man could be subjected to debilitating terror which could arrest his personal development through the intimidation of the state. Lacking the guarantees of the Fifth, Sixth and Seventh, he could be brought to trial by groundless accusations and pass mute and defense­ less into the hands of the state executioner. Th ese safeguards of the Bill of Rights were equivalent with the “privileges or immunities of citizens of the United States” which sponsors of the Fourteenth Amendment wrote into that addition to the supreme law of the land. The Fourteenth Amend­ ment was a “Civil War amendment” designed to give the federal government the Constitutional power to compel the states to respect the most basic human rights. Under the Fourteenth Amendment, the states were forbidden to make or enforce any law abridging such privileges and immunities. The Amendment further provides: “...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”^ While there has been considerable controversy concerning the matter, there can be little doubt that the sponsors of the Fourteenth Amendment intended it to overcome the results of Barron v. Baltimore and to compel the states to respect the standards of the Bill of Rights. The “father” of the Fourteenth Amendment “privileges and immunities” and “due process” ^Amendment Fourteen, Section 1: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

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Otterbein Miscellany May 1965 combined  
Otterbein Miscellany May 1965 combined