Privileges and Immunities

Question 1

What is the P+I Clause in the 14th Amendment?

Answer 1

The only protected privileges and immunities are the rights:

1. to travel freely from state to state;
2. to petition Congress;
3. to vote for national offices;
4. to enter public lands;
5. to be protected while in custody of US Marshals; and
6. to assemble peaceably.

Question 2

What is the P+I Clause in Art. IV?

Answer 2

The clause prohibits states from discriminating against nonresidents with respect to rights and activities that are fundamental to the national union.

Prohibited: higher fee for commercial licenses; commuter taxes; right to abortion to residents; or hiring preference to state residents.

Not prohibited: higher fee for recreational licenses; discrimination for the purpose of natural, state-owned resources.

Question 3

What is the test for the P+I clauses?

Answer 3

Intermediate scrutiny.