17.1 Article IV Privileges and Immunities
5 min read•july 30, 2024
Article IV's aims to prevent states from discriminating against citizens of other states. It ensures equal treatment for all Americans when traveling or doing business across state lines, promoting national unity and protecting .
The clause applies to essential rights like travel, livelihood, and property ownership. States can't unreasonably burden out-of-state citizens but may make distinctions if there's a substantial reason. Courts use to review cases, balancing state interests against potential discrimination.
Purpose and Scope of Article IV
Constitutional Basis and Text
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- The Article IV Privileges and Immunities Clause is found in Article IV, Section 2, Clause 1 of the U.S. Constitution
- The clause states: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States"
Objectives and Rationale
- The purpose of the clause is to prevent states from discriminating against citizens of other states and to promote national unity
- The clause aims to ensure that citizens of each state are treated equally when they travel or do business in other states
- The clause reflects the idea that all citizens are part of a single nation and should not be treated as foreigners when they cross state lines
Scope and Applicability
- The clause applies to fundamental rights, such as the right to travel, the right to pursue a livelihood, and the right to own property
- The clause does not create any new rights but rather protects existing fundamental rights from state discrimination based on state citizenship
- The clause does not prohibit all distinctions between residents and non-residents, but it does require that such distinctions be justified by a substantial state interest
Limitations on State Discrimination
Unreasonable Burdens and Substantial Reasons
- States may not impose unreasonable burdens on citizens of other states exercising their fundamental rights
- States must have a substantial reason for treating out-of-state citizens differently, and the discrimination must be closely related to the state's objective
- For example, a state may not require out-of-state attorneys to maintain a permanent office in the state as a condition of practicing law there
Valid Distinctions and Finite Resources
- States may distinguish between residents and non-residents if there is a valid reason for the distinction, such as preserving finite resources for state residents
- For example, a state may charge higher tuition rates for out-of-state students at public universities to ensure that limited spaces are available for state residents
- However, the distinction must be reasonable and not a pretext for discrimination against out-of-state citizens
Fees, Taxes, and Cost of Services
- States may impose higher fees or taxes on out-of-state citizens if the fees or taxes are reasonably related to the cost of providing services to those citizens
- For example, a state may charge higher fishing license fees for non-residents to cover the cost of maintaining fishing resources
- The fees or taxes must not be excessive or discriminatory and must be justified by the actual cost of providing services to out-of-state citizens
Preferential Treatment for In-State Citizens
- States may not use the Privileges and Immunities Clause to give their own citizens preferential treatment in areas of fundamental rights
- For example, a state may not grant its own citizens exclusive access to certain professions or trades
- The clause is designed to prevent states from favoring their own citizens over citizens of other states in areas of fundamental rights
Fundamental vs Non-Fundamental Rights
Defining Fundamental Rights
- Fundamental rights are those that are "basic to the livelihood of the Nation" and are protected by the Privileges and Immunities Clause
- The Supreme Court has identified several fundamental rights, including the right to travel, the right to pursue a common calling, and the right to own property
- These rights are considered essential to the functioning of the national economy and the ability of citizens to participate in the life of the nation
Examples of Fundamental Rights
- The right to travel: Citizens have the right to move freely between states without facing unreasonable barriers or discrimination
- The right to pursue a common calling: Citizens have the right to engage in their chosen profession or trade without facing discriminatory licensing or certification requirements
- The right to own property: Citizens have the right to acquire, possess, and dispose of property on an equal basis with residents of the state
Non-Fundamental Rights and State Discretion
- Non-fundamental rights, such as the right to hunt or fish for recreation, are not protected by the Privileges and Immunities Clause
- States have more leeway to discriminate against out-of-state citizens in areas of non-fundamental rights
- For example, a state may charge higher fees for non-resident hunting or fishing licenses or limit the number of licenses available to non-residents
Lack of Clear Test for Fundamental Rights
- The Supreme Court has not provided a clear test for determining which rights are fundamental under the Privileges and Immunities Clause
- The Court has relied on a case-by-case analysis of whether a particular right is essential to the national economy or the ability of citizens to participate in the life of the nation
- This lack of a clear test has led to some uncertainty and inconsistency in the application of the Privileges and Immunities Clause
Standard of Review for Article IV Cases
Intermediate Scrutiny Standard
- The Supreme Court applies intermediate scrutiny to cases involving the Privileges and Immunities Clause
- Under intermediate scrutiny, the state must show that the discriminatory law or policy serves a substantial state interest and that the discrimination is substantially related to achieving that interest
- This standard is higher than the rational basis test used for most economic regulations but lower than the strict scrutiny test used for cases involving suspect classifications or fundamental rights
Burden of Proof on the State
- The burden is on the state to justify the discrimination; the challenger does not need to prove that the discrimination is unjustified
- The state must provide evidence that the discriminatory law or policy is necessary to achieve a substantial state interest
- The state must also show that the discrimination is narrowly tailored to achieve that interest and is not a pretext for favoritism or protectionism
Examples of Unconstitutional Discrimination
- The Supreme Court has struck down state laws that discriminate against out-of-state citizens in areas such as employment, licensing, and access to medical services
- For example, the Court struck down a New Hampshire law that required all members of the state bar to be residents of the state
- The Court also struck down a Connecticut law that prohibited out-of-state residents from obtaining a license to practice medicine in the state
Examples of Permissible Discrimination
- The Court has upheld state laws that impose reasonable residency requirements for voting, tuition benefits, and other state services
- For example, the Court upheld a Minnesota law that required students to reside in the state for one year before being eligible for in-state tuition rates at public universities
- The Court also upheld a New York law that required state residents to be given preference in admission to state universities
Key Terms to Review (19)
Civil Rights Movement: The Civil Rights Movement was a pivotal social and political movement in the United States during the 1950s and 1960s that aimed to end racial discrimination and ensure equal rights for African Americans. This movement challenged systemic racism and discrimination, leading to significant legislative changes and increased awareness about civil rights issues, connecting deeply with various constitutional principles and legal frameworks.
Constitutional convention: A constitutional convention is a gathering of delegates or representatives convened to draft, amend, or adopt a constitution or constitutional amendments. This process plays a crucial role in shaping governmental structure and civil rights, as it allows for significant changes to be made through collective agreement.
Discrimination against out-of-state residents: Discrimination against out-of-state residents refers to laws or practices that favor in-state individuals over those from outside the state, often impacting access to resources, services, and opportunities. This term is closely tied to the Article IV Privileges and Immunities Clause, which aims to ensure that citizens from one state are not discriminated against by another state, promoting equality and fair treatment across state lines.
Dormant commerce clause: The dormant commerce clause is a legal doctrine that prohibits states from enacting legislation that discriminates against or excessively burdens interstate commerce, even in the absence of federal regulation. This principle ensures that the economic market remains open and free from protectionist state laws, promoting a unified national economy.
Equal Protection: Equal protection is a constitutional principle that mandates individuals in similar situations be treated equally by the law. This principle, rooted in the Fourteenth Amendment, ensures that no state shall deny to any person within its jurisdiction the equal protection of the laws, reinforcing the idea that discrimination based on characteristics such as race, gender, or economic status is unconstitutional. The equal protection clause is critical in judicial interpretation, guiding how laws are constructed and applied, influencing the balance between governmental powers and individual rights.
Erwin Chemerinsky: Erwin Chemerinsky is a prominent legal scholar and constitutional law expert, known for his influential writings and teachings on constitutional issues, civil rights, and the Supreme Court. His work has shaped contemporary understanding of critical constitutional principles, especially regarding the interpretation of the Constitution in light of evolving societal norms.
Extradition: Extradition is the formal process of transferring a person accused or convicted of a crime from one jurisdiction to another, typically between countries or states, to face legal proceedings. This process ensures that individuals cannot escape justice by simply fleeing to another location, reinforcing the rule of law and cooperation among jurisdictions.
Full Faith and Credit Clause: The Full Faith and Credit Clause is a provision in Article IV, Section 1 of the U.S. Constitution that requires states to recognize and enforce the public acts, records, and judicial proceedings of other states. This clause promotes unity among states by ensuring that legal decisions made in one state are honored in another, which is essential for legal consistency and cooperation across state lines.
Fundamental Rights: Fundamental rights are basic human rights that are recognized as essential for the functioning of a democratic society and the protection of individual freedoms. They often include rights such as freedom of speech, religion, and due process, which are critical for ensuring justice and equality. These rights are protected by various provisions in the Constitution, emphasizing their importance in safeguarding personal liberties against government infringement.
Intermediate scrutiny: Intermediate scrutiny is a standard of judicial review used by courts to evaluate laws or government actions that involve discrimination based on gender or illegitimacy. Under this standard, the government must show that the law serves an important government interest and is substantially related to achieving that interest. This level of scrutiny strikes a balance between the strict scrutiny applied to fundamental rights and the rational basis review used for non-fundamental rights.
Interstate Commerce: Interstate commerce refers to the trade and economic activities that cross state lines and are regulated by federal law. This concept is crucial in understanding how Congress can exercise its power to regulate trade between states, which has evolved through landmark Supreme Court cases that shape the boundaries of federal authority.
Interstate Compacts: Interstate compacts are agreements between two or more states in the United States that are authorized by Congress, allowing them to cooperate on shared issues or concerns. These compacts help manage resources, facilitate the enforcement of laws across state lines, and address regional problems, thus promoting collaboration and harmony among states.
Paul v. Virginia: Paul v. Virginia is a landmark Supreme Court case from 1869 that addressed the regulation of insurance companies and the extent of state powers under the Constitution. The ruling determined that insurance was not considered interstate commerce, allowing states to regulate insurance policies sold within their borders without interference from federal law. This case significantly shaped the understanding of states' rights in regulating local businesses.
Privileges and immunities clause: The privileges and immunities clause is a provision in Article IV of the U.S. Constitution that prohibits states from discriminating against citizens of other states. It ensures that individuals from one state are treated equally when they enter another state, promoting national unity and encouraging interstate travel and migration by granting essential rights and protections to all citizens.
Privileges and Immunities Doctrine: The privileges and immunities doctrine is a constitutional principle that prohibits states from discriminating against citizens of other states in favor of their own residents. It ensures that citizens enjoy certain fundamental rights and protections regardless of the state in which they reside or travel, promoting national unity and protecting individual freedoms.
Reciprocity: Reciprocity refers to the mutual exchange of privileges or rights between states, particularly in the context of Article IV of the U.S. Constitution, which aims to ensure that states treat each other's citizens fairly. This principle promotes a sense of equality and fairness among states, encouraging cooperation and minimizing discrimination against out-of-state residents. It establishes a framework for recognizing and respecting the laws and legal proceedings of other states.
Robert B. McKay: Robert B. McKay was an influential legal scholar and advocate known for his contributions to the understanding of constitutional law, particularly concerning the Privileges and Immunities Clause of Article IV. His work often focused on the rights of individuals in relation to state laws, emphasizing how states must respect the rights and privileges of citizens from other states, which is foundational in promoting national unity and equality.
State Sovereignty: State sovereignty refers to the authority of a state to govern itself, make its own laws, and manage its internal affairs without external interference. This concept underscores the balance of power between state and federal governments, especially regarding the limits of federal authority over states in areas like legislation, regulation, and enforcement.
United Building & Construction Trades Council v. Mayor of Camden: United Building & Construction Trades Council v. Mayor of Camden is a significant case that addressed the constitutionality of a local ordinance requiring a certain percentage of local residents to be hired for public construction projects. The Supreme Court ruled that the ordinance violated the Privileges and Immunities Clause of Article IV by discriminating against non-residents and limiting their ability to work on public projects.