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In the case of Morris et al. v. Duby et al., Commissioners, 1926, the U.S Supreme Court was tasked with determining whether a state law in Oregon that required all children between eight and sixteen to attend public schools violated the Fourteenth Amendment's Due Process Clause. The plaintiffs were parents who wished for their children to receive religious education at private institutions instead of attending public school as mandated by the Compulsory Education Act passed by Oregon in 1922. They argued that this act infringed upon their rights as parents to control their child’s education and upbringing. The court ruled unanimously against Oregon's compulsory public school attendance law, stating it unconstitutionally interfered with parental rights protected under due process clause of Fourteenth Amendment which guarantees personal liberties such as raising one’s own child according to individual preference including choice of schooling or religious instruction.
In the dissenting opinion for Morris et al. v. Duby et al., Commissioners, it was argued that the majority's decision to uphold a law prohibiting non-residents from commercial fishing in Washington state waters violated the Privileges and Immunities Clause of Article IV, Section 2 of the U.S. Constitution. The dissenting justices believed that this clause guaranteed citizens of each state equal access to fundamental rights or privileges granted by any other states, including livelihoods such as commercial fishing. They contended that while states have authority over their natural resources, they cannot discriminate against out-of-state citizens when granting access to these resources for economic purposes without substantial justification related directly to resource conservation or management objectives - which was not demonstrated in this case according to them.