20. Privilege & Immunities (Article 4/14A)

Question 1

What rights do P/I Clause (14A) cover?

Answer 1

Fundamental rights of national citizenship

• Right to vote for federal officers
• Right to petition government for redress of grievances
• Right to discuss national law
• Right to interstate travel
• Right to peaceful assembly

Question 2

Which government does P/I apply to?

Answer 2

State government

Question 3

Who is entitled to P&I?

Answer 3

P/I Clause (14A)

• ALL state residents
• ALL non-state residents

Interstate P&I Clause (Article IV)

• ALL state residents
• ALL non-state residents
• NOT corporations
• NOT aliens

Question 4

What is the difference between 14A and Article IV?

Answer 4

P/I Clause (14A)
- P&I entitlement to ALL citizens + residents

Interstate P&I Clause (Article IV)
- No P&I discrimination vs non-residents

Question 5

What rights do Interstate P&I Clause (Article IV) cover?

Answer 5

Essential/important commercial activities

• Livelihood pursuit
• Property ownership

Basic rights/Civil liberties

• Medical care
• Court access

Question 6

What exceptions are there for discriminatory privileges and immunities under Article IV?

Answer 6

1) Non resident caused problem
2) Intentionally protectionist
3) Narrowly tailored to resolve problem
4) Substantially important government interest