Privileges and Immunities Clauses

Question 1

Article IV; Comity Clause

Answer 1

provides that citizens of each state shall be entitled to all privileges and immunities of the citizens in the several states;

Question 2

Prohibits State Discrimination Against Nonresidents

Answer 2

prohibits one state from discriminating against citizens of another state

The Article IV privileges and immunities clause prohibits states from discriminating against citizens of other states by denying them a right of state citizenship. But corporations are not considered citizens under this clause

applies only to citizens, not corporations or noncitizens

Question 3

Rights Protected

Answer 3

prohibits one state from discriminating against citizens of another state with respect to fundamental rights of essential activities (e.g., pursuit of employment, transfer of property, access to state courts)

Question 4

Exception

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

no market-participant exception

Question 5

Fourteenth Amendment; National Citizenship

Answer 5

applies only to citizens

protects citizens from infringement by the states upon the privileges or immunities of national citizenship

right to travel interstate, vote for national offices, enter public lands, and peaceably assemble

seldom successfully invoked; in practice only applies to the right to travel