Privileges and Immunities Clause Flashcards
Article IV—Privileges of State Citizenship
The Article IV Interstate Privileges and Immunities Clause prohibits
discrimination by a state against nonresidents.
Corporations and Aliens Do not gave Privileges of State Citizenship
Corporations and aliens are not protected by this Clause. (In contrast, corporations and aliens are protected by the Equal Protection and Due Process Clauses of the Fourteenth Amendment,
and they can also claim a law violates the Dormant Commerce Clause, discussed infra.)
Only Important Commercial Activities and Fundamental Rights Protected
The Interstate Privileges and Immunities Clause of Article IV prohibits
discrimination by a state against nonresidents of the state when the
discrimination concerns either important commercial activities (such as the pursuit of a livelihood) or fundamental rights. However, the Clause applies only if the discrimination is intentionally protectionist in nature.
important State Interest Required
If the state law burdens an important commercial activity or fundamental
right, it will be invalid unless the law is necessary to achieve an important government purpose and there are no less restrictive means available.
Fourteenth Amendment—Privileges of National Citizenship
States may not deny their citizens the privileges or immunities of national citizenship (