Privileges and Immunities Clause

The Privileges and Immunities Clause is found in Article IV, Section 2 of the Constitution states that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." 

The privileges and immunities clause protects the fundamental rights of individual citizens by restraining State efforts to discriminate against out-of-state citizens and requiring states to treat them as native citizens or residents of the state. However, the clause does not extend to all commercial activity and does not apply to corporations, only citizens.  

There is debate surrounding the particular rights protected by the privileges and immunities clause because of its ambiguity. However, the Supreme Court has recognized some rights protected by the clause over the years. For example, under Oyama v California, the Court recognized the right to own property protected by the clause for American citizens. In the Slaughter-House Cases, the Court recognized the right to government seats/positions, right of assembly, habeas corpus, and use of navigable waters, among others. In Twining v New Jersey, the Court held that the privileges and immunities clause protections included the right to travel between states, right to enter public lands, and the right to petition, issue grievances, and communicate with the federal government. 

The two prong test for determining whether a state action violates the privileges and immunities clause is:

  1. Whether it burdens a privilege or immunity protected by the clause, and 
  2. Whether the differential treatment is justified. 

For more information, please visit the annotated Constitution page on Purposes of the Privileges and Immunities Clause.

[Last reviewed in May of 2025 by the Wex Definitions Team] 

Keywords

Wex