How Implemented

The Privileges and Immunities Clause is self-executory, that is to say, its enforcement is dependent upon the judicial process. It does not authorize penal legislation by Congress. Federal statutes prohibiting conspiracies to deprive any person of rights or privileges secured by state laws,173 or punishing infractions by individuals of the right of citizens to reside peacefully in the several states and to have free ingress into and egress from such states,174 have been held void.

Footnotes

173
United States v. Harris, 106 U.S. 629, 643 (1883). See also Baldwin v. Franks, 120 U.S. 678 (1887). [Back to text]
174
United States v. Wheeler, 254 U.S. 281 (1920). [Back to text]