Legal Definitions - Privileges and Immunities Clause

The Privileges and Immunities Clause is a vital provision found in Article IV, Section 2 of the United States Constitution. Its primary purpose is to prevent states from discriminating against citizens from other states regarding fundamental rights. Essentially, it ensures that when a citizen travels to or resides temporarily in another state, they are entitled to the same basic "privileges and immunities" (fundamental rights) that the citizens of that host state enjoy.

This clause aims to foster national unity by ensuring that states do not create barriers or disadvantages for out-of-state citizens when it comes to essential rights like the ability to travel, own property, access courts, or pursue a common livelihood. It does not protect against all forms of discrimination, but specifically targets those that infringe upon rights considered fundamental to citizenship.

• Example 1: Property Ownership

  Imagine the state of "Coastal Haven" passes a law stating that only its permanent residents are allowed to purchase beachfront property within the state. A citizen from "Mountain View" state attempts to buy a vacation home there but is denied due to this law.

  This law would likely violate the Privileges and Immunities Clause because it discriminates against citizens from other states by denying them the fundamental right to acquire and possess property, simply because they are not residents of Coastal Haven. The clause ensures a citizen from Mountain View should have the same right to buy property in Coastal Haven as a Coastal Haven resident.

• Example 2: Access to Courts

  The state of "Riverbend" enacts a statute requiring any non-resident who wishes to file a civil lawsuit in its state courts to pay a filing fee that is five times higher than the fee charged to Riverbend residents for the same type of case.

  This discriminatory fee structure would likely be challenged under the Privileges and Immunities Clause. The right to access the courts to resolve disputes is considered a fundamental privilege of citizenship. By imposing a significantly higher financial burden on out-of-state citizens, Riverbend is treating them unequally regarding a fundamental right.

• Example 3: Basic Employment Opportunities

  The state of "Green Valley" passes a law stating that only its permanent residents are eligible to apply for any job in the private sector within the state, effectively banning citizens from other states from seeking employment there.

  This law would almost certainly violate the Privileges and Immunities Clause. The ability to pursue a common calling or seek employment to earn a living is considered a fundamental right. Green Valley cannot prevent citizens from other states from seeking private sector jobs within its borders simply because they are not residents, as this would severely impede their fundamental right to pursue a livelihood.