Privileges and Immunities clauses

Question 1

Comity clause

Answer 1

1. Applies only to citizens (not corporations or aliens)
2. Prohibits one state from discriminating against citizens of another state with respect to fundamental rights or essential activities
   • Examples include pursuit of employment, transfer of property, access to state courts, and engaging in the political process
3. Substantial justification exception
   • Applies if nonresidents are cause or part of problem state trying to solve, and
   • No less-restrictive means to solve problem

Question 2

14th Amendment - National Citizenship

Answer 2

1. Applies only to citizens (not corporations or aliens)
2. Protects against infringement on privileges and immunities of national citizenship
   • Right to travel interstate, vote for national offices, enter public lands, and peaceably assemble
   • Provision is seldom successfully invoked, rights are redundant to rights protected elsewhere in constitution, and in practice applies only to right to travel