Note 479 — Chapter XII · THE LAW OF CITIZENSHIP

“The trial by jury in civil cases guaranteed by the Seventh Amendment (Walker v. Sauvinet, 92 U. S., 90) and the right to bear arms guaranteed by the Second Amendment (Presser v. Illinois, 116 U. S., 252) have been distinctly held not to be privileges and immunities of citizens of the United States against abridgment by the States, and in effect the same decision was made in respect of the guarantee against prosecution, except by indictment of a grand jury in the Fifth Amendment (Hurtado v. California, 110 U. S., 516) and with respect to the right to be confronted with witnesses, contained in the Sixth Amendment (West v. Louisiana, 194 U. S., 258). In Maxwell v. Dow, 176 U. S., 606, when the plaintiff in error had been convicted in a State court of a felony upon an information, and by a jury of eight persons, it was held that the indictment made indispensable by the Fifth Amendment, and the trial by jury guaranteed by the Sixth Amendment, were not privileges and immunities of citizens of the United States, as those words were used in the Fourteenth Amendment.... We conclude, therefore, that the exemption from compulsory self-incrimination (‘see Amendment V.’) is not a privilege or immunity of national citizenship guaranteed by this clause (‘the first clause’) of the Fourteenth Amendment against abridgment by the States.” Twining v. State of New Jersey, 211 U. S., 78 (1908).