Privileges And Immunities Clause

Definition - What does Privileges And Immunities Clause mean?

Privileges and Immunities Clause is a clause under the United States constitution that is used to prevent a state from dealing with citizens from other states in a discriminatory way. The clause ensures that the out-of-state citizens also enjoy same privileges like a citizen of the state in which they happen to find themselves. It prevents the citizens from discrimination related to fundamental rights. The clause was added by framers in a hope of encouraging the travel between all the states. They wanted all citizens to feel protected in their travels between different states and also know that they will be given same general rights, privileges and immunities in all states.

Petropedia explains Privileges And Immunities Clause

Some of the rights which are defended by the Privileges and Immunities Clause include the right to receive same tax treatment, possess and acquire property and right to defend and bring actions in a court of law like other citizens of that state. A two-part test is used by the court check if the clause is violated. The first part is the determination of discrimination against out-of-state citizen regarding fundamental rights. These rights basically focus on economic rights to pursue a livelihood. The second part is to check if a state is justified in its discrimination. It determines if there is any generous reason for the difference in treatment and whether the discriminatory law has a considerable relation to that reason.

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