Privileges and Immunities Clause

The Privileges and Immunities Clause is found in Article IV, Section 2 of the U.S. 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 U.S. citizens.  

There is debate surrounding the particular rights protected by the privileges and immunities clause because of its ambiguity. However, the U.S. Supreme Court has recognized some rights protected by the clause over the years. For example, in Twining v. New Jersey, 211 U.S. 78 (1908), 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. In Oyama v. California,332 U.S. 633 (1948), the Court held that the clause protects U.S.citizen's right to own property.

The two-part test for determining whether a state action violates the privileges and immunities clause. The State must show:

  1. The differential treatment must have a significant connection to the State’s objectives.
  2. There is a compelling justification for the differential treatment. 

See: U.S. Constitution Annotated, Article IV, Section 2 Clause 1.1 Overview of Privileges and Immunities Clause citing Toomer v. Witsell, 334 U.S. 385 (1948) and Supreme Court of N.H. v. Piper, 470 U.S. 274 (1985).

For more information, please see the LII Annotated Constitution pages on Purposes of the Privileges and Immunities Clause.

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

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