Privileges and Immunities Clauses

Question 1

Where in the Constitution are the Privileges and Immunities Clauses found?

Answer 1

1) in Art. IV of the Constitution; and 2) in the 14th Amendment.

Question 2

What does the Art. IV privileges and immunities clause prohibit?

Answer 2

the interstate privileges and immunities clause of Art. IV prohibits discrimination by a state against non-residents.

Question 3

What does the 14th Amendment privileges and immunities clause prohibit?

Answer 3

states may not deny their own citizens the benefits of national citizenship.

Question 4

Which privileges and immunities clause protects aliens?

Answer 4

the 14th Amendment.

Question 5

The Art. IV privileges and immunities clause only applies to protection of what kind of rights?

Answer 5

Fundamental rights; i.e. rights relating to commercial activities or civil liberties.

Question 6

Does the Art. IV privileges and immunities clause apply where there is incidental protectionism as a result of a state policy?

Answer 6

No. The Art. IV privileges and immunities clause only applies to *intentionally protectionist policies of a state.

Question 7

When will a state’s intentionally protectionist policy nonetheless be upheld under Art. IV of the Constitution?

Answer 7

where the state shows that out of state residents are part of or cause the problem, and that there is no less restrictive means of solving the problem.

Question 8

Do either of the privileges and immunities clauses protect corporations?

Answer 8

No