Privileges and Immunities

Question 1

Privileges and Immunities Clause

Answer 1

• Under the Privileges and Immunities Clause of Article IV (Section 2) of the Constitution, States may not intentionally discriminate against non-residents concerning: (a) civil liberties (right to vote, right to travel interstate); OR (b) important economic activities (ability to earn a livelihood).
• HOWEVER, laws that discriminate against non-residents will be upheld if the State is justified for the discrimination – when: (1) there is a substantial reason for the difference in treatment; AND (2) the discriminatory law has a substantial relationship to that reason.
• The Privileges and Immunities Clause DOES NOT protect aliens or corporations from discrimination.