Also known as: Privileges and Immunities Clause · privileges or immunities · Fourteenth Amendment Privileges or Immunities Clause · P or I Clause
Written by attorneys · grounded in primary & secondary sources — see below
A provision of the Fourteenth Amendment that bars states from abridging the privileges or immunities of United States citizens. The clause protects rights peculiar to national citizenship such as the right to travel between states and to be treated equally upon establishing residency.
Patrick Phan moves from State A to State B and applies for welfare benefits. State B awards him only the lower amount he would have received in State A and imposes a one-year waiting period for full benefits. The restriction treats him differently solely because of his recent arrival from another state.
Phoebe Park relocates to State C and seeks full welfare benefits immediately. State C limits new residents to the benefit level from their prior state for twelve months. The policy distinguishes between citizens based solely on length of residency within the state.
Select any source to read its text and confirm it supports the definition.
Patricia Patel, licensed in State D, seeks admission to the State E bar. State E requires one year of prior residency before granting admission. The rule excludes her from practicing law on equal terms with long-term residents of State E.
Paul Peterson holds a license in State F and applies for reciprocal admission in State G. State G denies the application because he lacks State G residency. The denial prevents him from practicing his profession on the same footing as resident attorneys.
Pedro Pacheco purchases a home subject to a racially restrictive covenant. State courts enforce the covenant against him. The enforcement action prevents him from holding property on equal terms with other citizens.
Pierre Poulin refuses to answer questions before a state grand jury. The state court holds him in contempt and orders incarceration until he testifies. The compulsion overrides his claim of a national citizenship right against self-incrimination.
The clause protects only rights peculiar to national citizenship, such as the right to travel between states and to be treated equally upon establishing new residency. It does not incorporate the Bill of Rights or protect rights of state citizenship.
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The Court held that a state may not limit welfare benefits for new residents to the level received in their prior state or impose a one-year waiting period. Such discrimination against newly arrived citizens violates the clause.
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No. A corporation is not a citizen within the meaning of the clause, so states retain broad power to regulate or exclude foreign corporations from intrastate business.
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The clause protects the right of newly arrived citizens to be treated the same as longer-term residents. A state law that discriminates on the basis of length of residency triggers strict scrutiny under the clause.
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…of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal…