What is the privileges and immunities clause?
The Privileges and Immunities Clause bars a state from discriminating against citizens of other states in basic civil rights. Those rights include travel and trade.
The clause is Article IV, Section 2, Clause 1 of the Constitution. Congress.gov’s overview of the Privileges and Immunities Clause explains its rule against unequal treatment across state lines.
What rights does the clause protect?
A state cannot treat citizens of another state as outsiders who lack basic civil rights. The clause protects activities such as pursuing a livelihood, owning property, and accessing courts.
For example, a state cannot shut citizens of other states out of a trade simply to favor its own citizens. Cornell’s Privileges and Immunities Clause guide explains these protections and their limits.
Does it require identical rules for everyone?
No. The clause protects fundamental rights, not every activity or benefit a state offers. It protects individual U.S. citizens, not corporations.
A state needs a substantial reason to treat citizens of other states differently in a protected activity. The difference must closely relate to that reason. Favoring local citizens alone does not meet that test.
This guide covers Article IV’s Privileges and Immunities Clause. The Fourteenth Amendment’s Privileges or Immunities Clause is a separate provision.
How does the clause limit state powers?
States keep broad authority over everyday rules, but they must respect constitutional rights. The reserved powers guide explains which powers stay with the states or the people.
Federal and state governments also share some powers, such as taxation. The concurrent powers guide explains that overlap. Neither kind of state power cancels Article IV’s protections.
Follow the federal side of the divide
This clause limits state discrimination. Your members of Congress vote on federal bills, not state laws. Their recorded votes show the federal choices they support or oppose.
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