Privileges and Immunities Clause
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This page is about the Privileges and Immunities Clause of Article Four of the United States Constitution. For the related clause in the Fourteenth Amendment, see Privileges or Immunities Clause.
The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1) prevents states from treating citizens of other states in a discriminatory manner. Unlike the Dormant Commerce Clause, there is no market participant exception to this clause.
In the case of Corfield v. Coryell (1823), Justice Bushrod Washington determined that the clause protected
In his explanation of the scope of the rights protected by the clause, Washington included the right to travel through states for business or agricultural purposes, the right of the use of the courts, the right to purchase and hold property, and an exemption from higher taxes than state residents pay.
Sources
- Farber, Daniel A.; Eskridge, William N., Jr.; Frickey, Philip P. Constitutional Law: Themes for the Constitution's Third Century. Thomson-West Publishing, 2003. ISBN 031414353X
- Hall, Kermit L. ed. The Oxford Companion to the Supreme Court of the United States, Second Edition. Oxford University Press, 2005. ISBN 9780195176612
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