Privileges and Immunities Clause - Explained
What is the Privileges and Immunities Clause?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is the Privileges and Immunities Clause?
Article IV, Section 2 states that, Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
This is known as the Privileges and Immunities Clause.
What does the Privileges and Immunities Clause do?
This clause seeks to avoid individuals gaining an advantage or being discriminated against by a state government simply because of the person's state of residency.
States may discriminate against members of other states in favor of its residents if there is a substantial justification. Substantial is a floating standard that may be subject to challenge by a court.
- Note: Try to think about the methods that a state could treat members of another state differently, such as through voting rights, ownership of property, taxation, etc.
- Example: State A cannot charge businesses organized in State B a higher rate of sales tax on sales carried out in State A. This would be an unconstitutional privilege in favor of members of State A.
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