Privileges and Immunities Clause

E2677

The Privileges and Immunities Clause is a constitutional provision that prevents states from discriminating against citizens of other states in fundamental rights such as access to courts, property, and employment.

All labels observed (15)

How this entity was disambiguated

Statements (41)

Predicate Object
instanceOf constitutional clause
provision of the United States Constitution
allows reasonable, nonprotectionist distinctions between residents and nonresidents
alsoKnownAs Privileges and Immunities Clause
surface form: Comity Clause
appliesTo citizens of the several states
state executive action
state legislation
citation Privileges and Immunities Clause self-linksurface differs
surface form: U.S. Const. art. IV, § 2, cl. 1
constitutionalFunction to help create a national economic union
to secure equal treatment for out-of-state citizens in fundamental matters
distinctFrom Commerce Clause
surface form: Dormant Commerce Clause

Privileges and Immunities Clause self-linksurface differs
surface form: Privileges or Immunities Clause of the Fourteenth Amendment
doesNotApplyTo nonfundamental activities such as recreational hunting
doesNotProtect corporations
non-citizen aliens
doesNotRequire identical treatment in all circumstances
enforcedThrough federal judicial review
foundIn Article IV
surface form: Article IV of the United States Constitution
historicalSource Articles of Confederation
surface form: Articles of Confederation comity provisions
interpretedBy Supreme Court of the United States
keyCase Baldwin v. Fish and Game Commission of Montana
Corfield v. Coryell
Paul v. Virginia
Saenz v. Roe
Supreme Court of New Hampshire v. Piper
Toomer v. Witsell
United Building & Construction Trades Council v. Mayor and Council of Camden
limits economic protectionism by states
state discrimination against nonresidents
protects access to courts
fundamental rights of out-of-state citizens
the right to own and transfer property
the right to pursue a common calling
the right to pursue employment
the right to travel between states in connection with fundamental rights
purpose to prevent a state from discriminating against citizens of other states
relatedTo interstate comity
national unity
requires close relationship between discriminatory means and state objectives
substantial reason for discrimination against nonresidents
textBeginsWith "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

How these facts were elicited

Referenced by (57)

Full triples — surface form annotated when it differs from this entity's canonical label.

Witsell constitutionalIssueInvolving Privileges and Immunities Clause
this entity surface form: Privileges and Immunities Clause of Article IV of the U.S. Constitution
Timbs v. Indiana ThomasConcurrenceBasis Privileges and Immunities Clause
this entity surface form: Privileges or Immunities Clause of the Fourteenth Amendment
Virginia Minor women’s suffrage case relatedTo Privileges and Immunities Clause
this entity surface form: Privileges or Immunities Clause
Minor v. Happersett involves Privileges and Immunities Clause
this entity surface form: Privileges or Immunities Clause
Hicklin caseInvolves Privileges and Immunities Clause
this entity surface form: Privileges and Immunities Clause of Article IV of the U.S. Constitution
Hicklin constitutionalProvisionChallenged Privileges and Immunities Clause
Hicklin legalDoctrineImpacted Privileges and Immunities Clause
this entity surface form: Privileges and Immunities Clause jurisprudence