Also known as: 14th Amendment Privileges or Immunities Clause · Privileges or Immunities Clause · P or I Clause · Privileges and Immunities Clause
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional provision in Section 1 of the Fourteenth Amendment that bars any state from abridging the privileges or immunities of United States citizens. The clause protects rights that owe their existence to the federal government and national citizenship. Courts have applied it to secure equal treatment for newly arrived residents in the exercise of the right to travel.
Francois Fortier moved from State X to State Y and applied for welfare benefits. State Y limited his payments to the lower amount he would have received in State X and imposed a one-year residency requirement for full benefits. The restriction prevented Fortier from receiving equal treatment as a new resident. The court held that the policy violated the clause by burdening the right to travel.
Francesca Fowler, licensed in State A, sought admission to the State B bar without establishing residency. State B denied her application on the ground that nonresidents would not keep current with local rules. The restriction prevented Fowler from receiving equal treatment as a new resident. The court held that the policy violated the clause by burdening the right to travel.
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Felipe Figueroa, a resident of State C, applied for reciprocal admission in State D. State D required permanent residency and a local office as conditions of admission. The restriction prevented Figueroa from receiving equal treatment as a new resident. The court held that the policy violated the clause by burdening the right to travel.
Forrest Falconer refused to answer questions before a state grand jury and faced contempt charges. State Y limited his payments to the lower amount he would have received in his former state and imposed a one-year residency requirement for full benefits. The restriction prevented Falconer from receiving equal treatment as a new resident. The court held that the policy violated the clause by burdening the right to travel.
Floyd Franklin moved to a new state and was denied welfare until he completed a one-year residency period. State Y limited his payments to the lower amount he would have received in his former state and imposed a one-year residency requirement for full benefits. The restriction prevented Franklin from receiving equal treatment as a new resident. The court held that the policy violated the clause by burdening the right to travel.
Frank Fisher was retried after a successful appeal in state court. State Y limited his payments to the lower amount he would have received in his former state and imposed a one-year residency requirement for full benefits. The restriction prevented Fisher from receiving equal treatment as a new resident. The court held that the policy violated the clause by burdening the right to travel.
Yes. The clause protects the right of newly arrived residents to equal treatment with longer-term residents when receiving state benefits. A durational residency requirement that limits welfare payments violates the clause.
Supporting sources
The Fourteenth Amendment clause protects rights of national citizenship from state interference. The Article IV clause prevents states from discriminating against citizens of other states in fundamental rights such as pursuing a common calling.
Supporting sources
…Amendment, as a whole , makes the Bill of Rights applicable to the States. This would certainly include the language of the Privileges and Immunities Clause, as well as the Due Process Clause. [^maj-37]: For a more thorough exposition of my views against this approach to the Due Process Clause, see my concurring opinion in Rochin v.…