Understanding Constitutional Privileges And Immunities

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 prevents states from treating citizens of other states in a discriminatory manner and guarantees equality in the exercise of fundamental rights. The Fourteenth Amendment, ratified after the Civil War, further addresses privileges and immunities, protecting the rights of American citizens and ensuring equal treatment under the law in every US state or territory. The interpretation and application of these clauses have been the subject of debate and Supreme Court decisions, shaping the understanding of citizens' rights and state powers.

Explore related products

The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

$36.06 $45

The Constitutional Rights, Privileges, and Immunities of the American People: The Selective Incorporation of the Bill of Rights, the Refined ... the Second Amendment Right, and Much More

$32.01 $35.95

Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause (Routledge Research in Constitutional Law)

$55.16 $72.99

Privileges and Immunities: A Reference Guide to the United States Constitution (Reference Guides to the United States Constitution)

$114.07

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

Privileges and Immunities of Citizens of the United States

$17.95

The Privileges and Immunities Clause

The Clause states that "the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States." This provision is similar to a clause in the Articles of Confederation, which granted similar rights to "free inhabitants" of different states. James Madison discussed this provision in Federalist No. 42, referring to the rights of citizens travelling to other states.

The interpretation and application of the Privileges and Immunities Clause have been the subject of debate and Supreme Court cases. One notable case is Paul v. Virginia (1868), where the Court affirmed that the Clause aimed to place citizens of different states on equal footing regarding advantages resulting from citizenship. Another case, Toomer v. Witsell (1948), clarified that commercial activity is considered "fundamental" under the Clause, while recreational activity is not.

Equality in fundamental rights

The Privileges and Immunities Clause of Article IV of the US Constitution ensures that citizens of each state are entitled to the same privileges and immunities as citizens of other states. This means that no matter where a person is in the United States, they are guaranteed certain fundamental rights.

The Clause protects citizens from discrimination regarding "fundamental rights". These rights include commercial activities and civil liberties, such as the right to travel, the right to claim 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.

The Privileges and Immunities Clause also operates as to the privileges and immunities of national citizenship. Legal protections associated with national citizenship are immune from limitation by state law because of the supremacy of federal law under Article VI of the Constitution. For example, the right of nonresidents to ply their trade, practice their occupation, or pursue a common calling on substantially equal terms as state citizens is protected as fundamental under the Privileges and Immunities Clause.

The exact meaning and scope of the Privileges and Immunities Clause have been the subject of much debate and interpretation by the Supreme Court. The Clause's significance has also been impacted by the incorporation of most of the Bill of Rights against state invasion via the Fourteenth Amendment’s Due Process Clause.

Commercial activity and civil liberties

The Privileges and Immunities Clause of Article IV of the US Constitution ensures that an out-of-state citizen enjoys the same privileges as a citizen of the state in which he happens to find himself. This means that no state can pass laws that discriminate against citizens of other states in regards to fundamental rights.

Commercial activity is considered "fundamental" within the meaning of the Privileges and Immunities Clause (PIC4). This means that the PIC4 will protect citizens of a state against discrimination when there is some commercial activity involved. For example, the right of nonresidents to ply their trade, practice their occupation, or pursue a common calling on substantially equal terms as state citizens is protected as fundamental under the Privileges and Immunities Clause.

Civil liberties are the second category of PIC4 protection. This includes the right to travel, which is considered a fundamental right. The right to travel was upheld in Saenz v. Roe, Doe v. Bolton, and New York v. O'Neill.

The Privileges and Immunities Clause of the Fourteenth Amendment protects the privileges and immunities of citizens of the United States against state invasion. This includes key Bill of Rights protections like free speech, religious liberty, the rights of the accused, and the right to privacy.

The Fourteenth Amendment also introduced the phrase "the right to vote" into the Constitution for the first time. This right now appears five times in the document as amended and re-amended over the centuries.

Explore related products

A Companion to the United States Constitution and Its Amendments

$34.65 $45

Beyond the Fourteenth Amendment: Protecting the Right to Earn a Living

$14.95

Democracy’s Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

$55.44 $60

Studies in history, economics and public law, Vol. LIV, No. 1. Privileges and immunities of citizens of the United States

$13.95

Debate In The Constitutional Convention Of The State Of New York On The Proposal To Deny To The Legislature The Power To Grant Privilege Or Immunity, 1915

$25.95

The Concept of Ordered Liberty and the Common-Law Due-Process Tradition: Slaughterhouse Cases through Obergefell v. Hodges (1872–2015)

$41.99 $41.99

Citizenship and national rights

The Privileges and Immunities Clause of Article IV of the US Constitution ensures that citizens of each state are entitled to the same privileges and immunities as citizens of other states. This clause, also known as the Comity Clause, prevents states from treating citizens of other states in a discriminatory manner and promotes equality with regard to fundamental rights.

The interpretation of the Privileges and Immunities Clause has been a subject of debate, with the Supreme Court's cases indicating that the clause includes only a limited number of legal protections. The clause does not expand the legislative authority of Congress and primarily focuses on state citizenship rather than national citizenship.

The clause protects commercial activities and civil liberties, ensuring that citizens of one state can engage in commercial activities and exercise their civil liberties in another state. It also includes the right to travel and reside in other states, access to courts, the right to purchase and hold property, and exemption from higher taxes than state residents.

The Fourteenth Amendment, drafted after the Civil War, addresses the privileges and immunities of citizens of the United States, protecting their rights against state invasion. This amendment also protects certain privileges and immunities not explicitly listed in the Constitution, such as the right to privacy. The exact scope of the rights protected by the Fourteenth Amendment has been a subject of discussion and interpretation by the Supreme Court.

Legislative power

The Privileges and Immunities Clause, found in Article IV, Section 2, Clause 1 of the US Constitution, is primarily concerned with ensuring equal treatment and rights for citizens across different states. This clause, also known as the Comity Clause, establishes that citizens of one state should be entitled to the same privileges and immunities as citizens of another state. This includes protection against discrimination regarding fundamental rights, such as commercial activities and civil liberties.

The interpretation of "fundamental rights" under the Privileges and Immunities Clause is distinct from that under the Fourteenth Amendment's Due Process or Equal Protection Clauses. Rights protected as fundamental under the Privileges and Immunities Clause include the right of non-residents to pursue employment or practice their occupation on equal terms as state citizens. Additionally, the clause has been interpreted to include a right to interstate travel, ensuring that citizens can move freely between states without facing discrimination or unequal treatment.

The Privileges and Immunities Clause also intersects with the Dormant Commerce Clause, which further limits states' ability to pass laws that burden interstate commerce. Together, these clauses prevent states from enacting laws that discriminate against out-of-state citizens or impede their ability to engage in commercial activities across state lines.

While the Privileges and Immunities Clause restricts state legislative power to ensure equal treatment of citizens across states, it does not dictate how a state legislature must treat its own citizens. This distinction is important, as it leaves the regulation of certain civil rights, such as property and contract rights, primarily to the states rather than granting Congress the authority to legislate on these matters.

Frequently asked questions