Privileges & Immunities

Question 1

Privileges & Immunities Clause (14th Amendment)

Answer 1

Holds that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.” Protects individuals and not corporations.

Question 2

Rights that Fall Under 14th Amendment’s P&I Clause

Answer 2

• The right to travel across state lines
• The right to petition Congress
• The right to vote for federal offices;
• The right to assemble; and
• The right to enter public lands

Question 3

Privileges & Immunities Clause Under Article IV, Section 2 (Comity Clause)

Answer 3

Provides that “the Citizens shall be entitled to all Privileges and Immunities of Citizens in the several States.” Not available to corporations (they will have to protect themselves with the Dormant Commerce Clause).

Question 4

Test Under the Comity Clause

Answer 4

The state can discriminate if it is substantially related to a substantial state interest.

Question 5

Invalid Forms of Non-Resident Discrimination Under the Comity Clause

Answer 5

Include:

• state statutes that require non-residents to pay a higher fee for commercial licenses;
• commuter taxes that apply to non-residents, but not to residents;
• state statutes that only allow state residents to get abortions within the state; or
• state laws requiring employers to give hiring preference to state residents

Question 6

Discrimination that has Been Upheld Under the Comity Clause

Answer 6

• State statute requiring non-residents to pay higher fees for recreational licenses than residents
• When the purpose of discrimination is to preserve natural, state-owned resources