Also known as: Article IV § 2 · Art. IV § 2 · Article IV, Section 2 · U.S. Const. art. IV, § 2 · Privileges and Immunities Clause · Extradition Clause
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A constitutional command requiring each state to extend to citizens of other states the same privileges and immunities it affords its own citizens. The clause protects fundamental rights including the pursuit of a common calling or livelihood on substantially equal terms. Discrimination against nonresidents is invalid absent a substantial justification closely related to the distinction.
A constitutional command requiring a state to deliver up to another state a person charged with treason, felony, or other crime who has fled from justice upon proper demand by the executive authority of the charging state. The provision creates a mandatory interstate obligation to return fugitives and limits the asylum state's discretion to refuse compliance.
Each sense below has its own examples, sources, and questions.
A constitutional command requiring each state to extend to citizens of other states the same privileges and immunities it affords its own citizens. The clause protects fundamental rights including the pursuit of a common calling or livelihood on substantially equal terms. Discrimination against nonresidents is invalid absent a substantial justification closely related to the distinction.
Select any source to read its text and confirm it supports the definition.
Alexandra Armstrong, a citizen of State A licensed to practice law there, applied for admission to the State B bar without taking the exam under a reciprocity rule limited to State B residents. State B rejected the application solely because Armstrong maintained her primary residence in State A. The denial blocked her from representing clients in State B courts on equal terms with resident attorneys.
Albert Allen, a citizen of State C and member of its bar, sought reciprocal admission in State D under a rule requiring applicants to have resided in State D for at least one year. State D denied the application because Allen lived and practiced primarily in State C. The residency rule prevented Allen from handling matters in State D courts without additional examination or delay.
Adam Anderson moved from State G to State H and applied for state welfare benefits immediately upon arrival. State H denied benefits because Anderson had not resided in State H for one year. The denial prevented Anderson from receiving the same public assistance available to longer-term State H residents.
The clause protects citizens of one state from discriminatory treatment by another state with respect to fundamental rights, including the ability to pursue a livelihood on equal terms. It bars states from reserving economic benefits or professional opportunities solely for their own residents without substantial justification closely related to the distinction.
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No. A corporation is not a citizen within the meaning of the clause, so states retain broad power to regulate or exclude foreign corporations from intrastate business except as limited by other provisions such as the Commerce Clause.
Supporting sources
A constitutional command requiring a state to deliver up to another state a person charged with treason, felony, or other crime who has fled from justice upon proper demand by the executive authority of the charging state. The provision creates a mandatory interstate obligation to return fugitives and limits the asylum state's discretion to refuse compliance.
Select any source to read its text and confirm it supports the definition.
Alice Atkins was indicted in State E for felony theft and fled to State F. State E's governor issued a formal extradition demand supported by the indictment and supporting papers. State F's governor refused to deliver Atkins, asserting an independent review of the evidence was required before surrender.
Alexis Archer was charged with a serious crime in State K and fled to State L. State K's governor made a proper extradition demand. State L initially questioned the supporting papers but ultimately delivered Archer to State K authorities after confirming the demand met constitutional requirements.
The clause creates a mandatory duty to deliver up a fugitive charged with a serious crime upon proper demand by the executive authority of the charging state. An asylum state governor may conduct only limited verification and may not refuse compliance or impose additional discretionary hurdles.
Supporting sources
…Amendment, as a whole , makes the Bill of Rights applicable to the States. This would certainly include the language of the Privileges and Immunities Clause, as well as the Due Process Clause. [^maj-37]: For a more thorough exposition of my views against this approach to the Due Process Clause, see my concurring opinion in Rochin v.…
…See Spies v. Illinois , 123 U. S. 131. Decisions that particular guarantees were not safeguarded against state action by the Privileges and Immunities Clause or other provision of the Fourteenth Amendment are: United States v. Cruikshank , 92 U. S. 542, 551; Prudential Ins. Co. v. Cheek , 259 U. S. 530, 543 (First Amendment); Presser v.…
…to travel from one state to another has long been recognized as a basic constitutional freedom. This right is protected by the Privileges and Immunities Clause of
…any involuntary reduction or combination of a State's territory, Art. IV, § 3; the Judicial Power Clause
…in Paul v. Virginia , 8 Wall. 168 (1869), had held commercial corporations not to be "citizens" within the meaning of the
Anika Anand, a citizen of State I, sought employment benefits under a State J municipal program available only to individuals who had resided in State J for five years. State J denied the benefits because Anand had recently relocated from State I. The residency rule excluded Anand from economic support tied to her new employment in State J.
No when the program affects the ability to pursue a livelihood on equal terms. Residency requirements that condition employment-related grants or subsidies solely on prior state residence discriminate against citizens of other states and violate the clause unless the state shows a substantial justification closely related to the distinction.
Supporting sources