Privileges and Immunities Clauses

Question 1

What does Article IV, Section 2 state?

Answer 1

Article IV, Section 2, known as the Comity Clause, provides that “the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.”

Question 2

What does the Comity Clause do?

Answer 2

It prohibits state discrimination against nonresident citizens (aka citizens of another state)
-> applies only to citizens (not corporations or noncitizens)

Question 3

What rights does the Comity Clause protect?

Answer 3

Prohibits one state from discriminating against citizens of another state with respect to fundamental rights or essential activities
-> pursuit of employment
-> practice commercial trade/business
-> own/transfer of property
-> access to courts
-> travel/reside in state
-> seek medical services
-> civil liberties
-> creditor’s rights
-> tax exemptions

Question 4

What are the exceptions to the Comity Clause?

Answer 4

Substantial justification discrimination against out-of-state citizens MAY BE VALID IF
-> the state can show substantial reason for the difference in treatment
AND
-> substantial relationship between discrimination and state’s objective

Question 5

Does the Comity Clause have a market-participant exception?

Answer 5

No.

Question 6

What is the Fourteenth Amendment privileges or immunities clause?

Answer 6

This clause protects citizens (not corporations or noncitizens) from infringement by the states upon the privileges or immunities of national citizenship.

Question 7

Who does the 14th Amendment protect with regards to national citizenship?

What rights are included?

Answer 7

Applies only to “citizens” (not corporations or noncitizens).

Protect citizens from infringement by the states upon the privileges or immunities of national citizenship; includes the rights to
-> Interstate travel
-> Assemble peacefully
-> Vote for national offices
-> Enter public lands
-> Petition Congress for redress of grievances
AND
-> Protection when in custody of U.S. Marshal

Question 8

In practice is this provision of the 14th Amendment often used? Which right does it mainly apply to?

Answer 8

This provision is seldom successfully invoked.

The rights are redundant to rights provided elsewhere in the Constitution.

In practice, applies only to the right to travel.