Also known as: Privileges or Immunities Clause · Fourteenth Amendment 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 prohibits any state from abridging the privileges or immunities of citizens of the United States. It safeguards certain rights incident to national citizenship against state interference.
Paige Porter moved from State A to State B for a new job. State B's welfare statute capped benefits for residents of less than one year at the amount they would have received in their prior state. Paige applied for full benefits and was denied. The denial triggered review under the clause because it treated newly arrived citizens differently from longer-term residents in accessing a state program tied to the right to travel.
Pierce Patterson, licensed in State A, sought admission to the State B bar without establishing residency. State B's rule required one year of in-state residence before admission. Pierce challenged the requirement after denial. The clause applied because the rule discriminated against nonresidents seeking to practice law, a common calling, without a substantial justification.
Select any source to read its text and confirm it supports the definition.
Pilar Pena, a State C attorney, applied for reciprocal admission in State D. State D required nonresidents to maintain a local office and pay higher fees. Pilar was rejected. The clause governed the claim because the residency-linked conditions burdened her ability to pursue the profession on equal terms with residents.
Peter Park, a State E resident, was subpoenaed in State F and invoked the privilege against self-incrimination. State F sought to compel testimony under its own narrower rule. The clause supplied the basis for applying the federal standard to the state proceeding.
Pablo Perez sued State G officials in federal court after they conducted an unlawful search of his home. The officials claimed sovereign immunity barred the action. The clause supported treating the officials as persons subject to suit for constitutional violations.
Portia Price relocated to State H and applied for public assistance. State H imposed a one-year waiting period before full eligibility. Portia was denied benefits during that period. The clause controlled the challenge because the waiting period penalized the exercise of the right to travel between states.
Yes. The clause protects newly arrived residents from being treated differently from longer-term residents with respect to benefits tied to the right to travel between states.
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No. Residency requirements that discriminate against nonresidents seeking to practice law violate the clause unless the state shows a substantial justification beyond speculative concerns about competence or availability.
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No. A corporation is not a citizen within the meaning of the clause, so it does not protect corporate entities from state discrimination in the same manner as natural persons.
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…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.…