Simone Lawson
The Privileges and Immunities Clause, also known as the Comity Clause, is a provision in the United States Constitution that prevents states from treating citizens of other states in a discriminatory manner and guarantees equal treatment under the law in every US state or territory. The clause, found in Article IV, Section 2, states that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. The Fourteenth Amendment, ratified after the Civil War, expanded on this idea by protecting the rights of American citizens and ensuring that they could enjoy equality in other states regarding fundamental rights. The amendment also granted citizenship to all persons born or naturalized in the United States, extending liberties and rights to formerly enslaved people. The interpretation and application of the Privileges and Immunities Clause have been the subject of debate and Supreme Court cases over the years.
| Characteristics | Values |
|---|---|
| Location in the Constitution | Article IV, Section 2, Clause 1 |
| Other names | Comity Clause |
| Purpose | To prevent a state from treating citizens of other states in a discriminatory manner and to ensure citizens of each state are entitled to the privileges and immunities of citizens in the several states |
| Rights protected | Right to travel, right to sojourn, right to free speech, right to assemble, right to keep and bear arms, right to claim benefit of the writ of habeas corpus, right of access to the courts, right to purchase and hold property, exemption from higher taxes than state residents pay |
| Applicability | Applies only to citizens, not corporations |
| Author | Congressman John Bingham of Ohio |
| Date of inclusion | July 9, 1868 |
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What You'll Learn
The clause protects fundamental rights
The Privileges and Immunities Clause, found in Article IV, Section 2 of the US Constitution, states that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states". This clause protects the fundamental rights of individual citizens by preventing states from treating citizens of other states in a discriminatory manner. In other words, it ensures that an out-of-state citizen enjoys the same privileges as a citizen of the state they are in.
The specific rights protected by the clause have been the subject of debate due to its ambiguity. However, over the years, the Supreme Court has recognised certain rights protected by the clause. For example, in the case of Oyama v California, the Court recognised the right to own property protected by the clause for American citizens. In Twining v New Jersey, the Court held that the clause protections included the right to travel between states, the right to enter public lands, and the right to petition, issue grievances, and communicate with the federal government.
In his explanation of the scope of the rights protected by the clause, Justice Bushrod Washington included the right to travel through and reside in states, the right to claim the benefit of the writ of habeas corpus, the right of access to the courts, the right to purchase and hold property, and an exemption from higher taxes than state residents pay. Chief Justice Taney also stated that the clause gives state citizens the right to free speech, the right to assemble, and the right to keep and bear arms when in other states.
The Privileges and Immunities Clause is also relevant to the discussion of the Fourteenth Amendment, which was added to the Constitution in 1868. The amendment includes a provision stating that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." This was intended to ensure that citizens of the United States were not deprived of their rights and privileges within the limits of any state.
In summary, the Privileges and Immunities Clause in the US Constitution protects the fundamental rights of citizens by preventing states from discriminating against out-of-state citizens and ensuring that they are treated equally, regardless of their state of residence. The specific rights protected by the clause include property rights, the right to travel, and various civil liberties such as free speech and the right to assemble.
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It prevents discrimination against out-of-state citizens
The Privileges and Immunities Clause of the US Constitution is found in Article IV, Section 2, Clause 1, also known as the Comity Clause. It states that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states". This clause ensures that an out-of-state citizen enjoys the same privileges as a citizen of the state they are in. It prevents states from treating citizens of other states in a discriminatory manner and requires states to treat them as native citizens or residents.
The clause protects the fundamental rights of individual citizens by restraining state efforts to discriminate against out-of-state citizens. These rights include the right to travel through and reside in states, the right to claim the benefit of the writ of habeas corpus, the right of access to the courts, the right to purchase and hold property, and an exemption from higher taxes than state residents pay. For example, in the case of Oyama v. California, the Supreme Court recognized the right of American citizens to own property, protected by the clause.
The Privileges and Immunities Clause also includes a right of interstate travel. This means that citizens of one state are guaranteed equality in another state regarding fundamental rights. In the case of Toomer v. Witsell, the Court affirmed that the clause "was designed to insure to a citizen of State A who ventures into State B the same privileges which the citizens of State B enjoy".
The clause does not extend to all commercial activity and does not apply to corporations, only citizens. There has been debate over the specific rights protected by the clause due to its ambiguity. However, it is clear that the clause prevents discrimination against out-of-state citizens and ensures they are afforded the same rights and privileges as residents of the state.
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It does not apply to corporations
The Privileges and Immunities Clause, found in Article IV, Section 2 of the US Constitution, states that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states". The clause protects the fundamental rights of individual citizens and prevents states from discriminating against out-of-state citizens. It ensures that states treat non-residents as native citizens or residents.
However, it is important to note that the clause does not apply to corporations. It is specifically designed to protect the rights of individual citizens and does not extend to commercial activity or businesses. This distinction was made clear by Justice Bushrod Washington in 1823, who stated that the protections provided by the clause are confined to "privileges and immunities which are, 'in their nature, fundamental...which belong, of right, to the citizens of all free governments'".
The Supreme Court has also upheld this interpretation. In the case of Toomer v. Witsell, the Court affirmed that the clause "was designed to insure to a citizen of State A who ventures into State B the same privileges which the citizens of State B enjoy". Similarly, in Baldwin v. Fish and Game Commission of Montana, the Court refused to extend the clause to include the right to display a corporate logo, further emphasizing that the clause is intended for individuals, not corporations.
The Privileges and Immunities Clause is concerned with protecting the fundamental rights of individual citizens, such as the right to travel, the right to free speech, the right to assemble, and the right to keep and bear arms. By excluding corporations, the clause ensures that states cannot discriminate against the citizens of other states, while also recognizing that certain commercial activities and privileges are not within its scope.
In summary, while the Privileges and Immunities Clause provides important protections for individual citizens, it does not apply to corporations or commercial activities. This distinction has been upheld by the Supreme Court and is an essential aspect of interpreting and applying this constitutional provision.
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It includes the right to interstate travel
The Privileges and Immunities Clause, found in Article IV, Section 2 of the US Constitution, states that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states". This clause, also known as the Comity Clause, prevents states from treating citizens of other states in a discriminatory manner and guarantees that citizens of one state can enjoy the same fundamental rights and privileges as citizens of another state.
One of the fundamental rights protected by the Privileges and Immunities Clause is the right to interstate travel. This right was recognised by Chief Justice Taney, who stated that the clause gives state citizens the right to travel, the right to sojourn, the right to free speech, the right to assemble, and the right to keep and bear arms when in other states. The right to interstate travel is also supported by Justice Bushrod Washington's interpretation of the clause, which includes the right to travel through and reside in states.
The inclusion of the right to interstate travel in the Privileges and Immunities Clause ensures that citizens of one state have the freedom to move between states without facing discrimination or restrictions on their fundamental rights. This right is particularly relevant in the context of the United States, where citizens often travel between states for work, leisure, or to visit family and friends.
The interpretation of the Privileges and Immunities Clause, including the right to interstate travel, has been a subject of debate and discussion over the years. While some argue that the clause guarantees certain fundamental rights, others, like Justice Curtis, believe that it does not confer any rights beyond those guaranteed by the visited state to its own citizens. Nonetheless, the Supreme Court has played a crucial role in interpreting and recognising specific rights protected by the clause, such as the right to own property, as recognised in Oyama v California.
In conclusion, the Privileges and Immunities Clause in the US Constitution includes the right to interstate travel, ensuring that citizens of one state have the freedom to move between states and enjoy the same fundamental rights as citizens of other states. This right has been interpreted and reaffirmed by various judicial decisions, contributing to the protection of citizens' rights and the promotion of equality across state lines.
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It does not extend to all commercial activity
The Privileges and Immunities Clause, found in Article IV, Section 2 of the US Constitution, ensures that citizens of each state are entitled to the same privileges and immunities as citizens in other states. However, it is important to note that this clause does not extend to all commercial activity and is limited in its scope.
The clause specifically states that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." This means that individual persons who are citizens or residents of a particular state are guaranteed the same rights and privileges as citizens of other states when they travel or reside in those states. For example, the right to travel, the right to free speech, and the right to assemble are all protected by the Privileges and Immunities Clause.
However, the clause does not extend to all commercial activities. It does not apply to corporations, only to individual citizens. This distinction is important because it means that the clause does not provide protection for corporate entities engaging in interstate commerce. The scope of the clause is confined to fundamental privileges and immunities that are inherent to free governments and have been traditionally enjoyed by the citizens of the states.
The Supreme Court has clarified the scope of the rights protected by the Privileges and Immunities Clause in various cases. For instance, in the Corfield case, Justice Washington included the right to travel through and reside in states, the right to claim the benefit of the writ of habeas corpus, and the right of access to the courts. Additionally, the Court has recognized the right to own property as protected by the clause, as seen in Oyama v. California.
In summary, while the Privileges and Immunities Clause ensures that citizens of each state are entitled to the same fundamental privileges and immunities, it does not extend to all commercial activity or provide protection for corporations. The clause primarily focuses on protecting the rights of individual citizens when they are in another state.
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Frequently asked questions
The Privileges and Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. It ensures that all citizens experience equal treatment under the laws in every U.S. state or territory.
The clause was designed to protect the rights of American citizens and prohibit states from discriminating against citizens of other states.
The specific rights protected by the clause are subject to debate due to its ambiguity. However, it is believed to protect fundamental rights such as the right to free speech, the right to assemble, the right to travel, and the right to bear arms.
The Privileges and Immunities Clause was passed by Congress on June 13, 1866, and ratified on July 9, 1868, as part of the Fourteenth Amendment.
The clause prevents states from making or enforcing any law that abridges the privileges or immunities of citizens of the United States. It also ensures that citizens of each state are entitled to the same privileges and immunities as the citizens of other states.
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