Privileges and Immunity Clause of Article 4

Question 1

What does the Privileges and Immunity Clause of Article 4 do?

Answer 1

prohibits discrimination by a state against nonresidents (does not include corporations or aliens)

Question 2

What is protected under the clause?

Answer 2

The clause protects the discrimination by a state against nonresidents of the state when the discrimination concerns fundamental rights i.e. rights related to important commercial activities such as pursuit of livliehood or civil liberties. The clause only applies if it is intentionally discriminatory.

Question 3

What is the exception?

Answer 3

The state law may be valid if the state has a substantial justification for the different treatment. They must show out of staters are causing the problem and there is no less restrictive means to solve problem.

Question 4

What is the Privilege or Immunities Clause under the Fourteenth Amendment?

Answer 4

States may not deny their citizens the privileges or immunities of national citizenship.