Legal Definitions - privileged copyhold

The Privileges and Immunities Clause is a provision found in Article IV, Section 2, Clause 1 of the U.S. Constitution. Its primary purpose is to prevent states from discriminating against citizens of other states when those citizens are present within their borders.

In essence, this clause ensures that a state cannot treat its own residents more favorably than it treats residents of other states, particularly concerning fundamental rights and economic activities. It aims to foster national unity by allowing Americans to travel, work, and own property across state lines without facing undue burdens or disadvantages simply because they are not residents of that particular state. While some distinctions between residents and non-residents may be permissible under certain circumstances, the clause generally prohibits discrimination that would undermine the idea of a unified nation.

Here are some examples illustrating the application of the Privileges and Immunities Clause:

• Example 1: Professional Licensing

  Imagine a state passes a law requiring doctors who obtained their medical degrees and licenses in other states to pay a significantly higher licensing fee to practice within its borders compared to doctors who were educated and licensed in that state. This law would likely violate the Privileges and Immunities Clause.

  How it illustrates the term: The clause prevents a state from imposing a greater financial burden on out-of-state professionals, thereby discriminating against them in their ability to pursue a livelihood. It ensures that citizens from other states are not unfairly disadvantaged when seeking to practice their profession.

• Example 2: Access to State Courts

  Consider a hypothetical state law that allows its own residents to file civil lawsuits in state courts for any dispute, but restricts non-residents to only filing lawsuits related to property located within that state. This limitation on legal access for non-residents would likely be unconstitutional under the Privileges and Immunities Clause.

  How it illustrates the term: The clause guarantees that citizens of other states have fundamental rights, such as access to the courts, on substantially the same terms as a state's own citizens. Denying or significantly limiting this access based solely on residency would constitute prohibited discrimination.

• Example 3: Property Ownership

  Suppose a state enacts legislation that makes it considerably more difficult or expensive for non-residents to purchase real estate within its boundaries compared to its own citizens. For instance, it might impose a special, high tax on property purchases exclusively for out-of-state buyers.

  How it illustrates the term: The clause protects the right of citizens to acquire and possess property in any state. By creating a significant financial barrier or additional hurdles for non-residents to buy property, the state would be discriminating against them and favoring its own citizens, which the clause aims to prevent.