Also known as: privileges and immunities of citizens of the United States · privileges or immunities clause · privileges and immunities clause · Privileges or Immunities Clause · 14th Amendment Privileges or Immunities
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee that prohibits any state from making or enforcing a law abridging rights belonging to citizens of the United States by virtue of their national citizenship.
Paula Pierce, recently naturalized as a United States citizen, settled in a state that refused her access to a public employment preference extended only to persons born in the United States. She sued, arguing the restriction abridged a right attached to her national citizenship. The court considered whether the denial violated the clause because it treated her differently solely on the basis of how she acquired citizenship status.
Philip Powell moved from State A to State B for work and applied for welfare benefits. State B limited new arrivals to the benefit level they would have received in their prior state and imposed a one-year residency requirement for full benefits. Powell challenged the rule as infringing his right to travel and receive equal treatment as a newly arrived citizen. The court struck down the limitation because it penalized the exercise of a right protected for citizens of the United States.
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Pierre Poulin, licensed in State A, sought admission to the State B bar without establishing residency. State B rejected the application on the ground that nonresidents would not remain current on local rules or perform pro bono work. Poulin sued, claiming the residency rule abridged his right to pursue the common calling of law. The court considered whether the requirement discriminated against nonresidents without substantial justification tied to a protected privilege of national citizenship.
Penelope Price held a license in State A and sought reciprocal admission in State B under a statute that required applicants to maintain their principal office in the admitting state. State B denied her application solely because she resided elsewhere. Price sued, asserting the rule infringed her right to practice law across state lines. The court considered whether the restriction violated the clause because it imposed a discriminatory barrier without adequate justification.
Peter Park faced a criminal prosecution in state court for a serious offense carrying a potential two-year sentence. The state provided only a bench trial. Park claimed the denial abridged a right of national citizenship. The court considered whether the privilege to a jury trial in serious cases is protected against state action by the clause.
Perry Pratt purchased property subject to a private covenant barring sale to nonwhite buyers. A neighboring owner sued to enforce the covenant in state court. Pratt argued that judicial enforcement would abridge rights secured to him as a citizen of the United States. The court considered whether state judicial action giving effect to the restriction would violate the clause.
The clause safeguards rights that belong to individuals by virtue of their status as citizens of the United States, such as the right to travel and the right to pursue a common calling on equal terms with longer-term residents.
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The clause in the Fourteenth Amendment protects rights incident to national citizenship from state interference, whereas the Article IV clause prevents one state from discriminating against citizens of other states in fundamental rights such as the pursuit of a livelihood.
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One reading of the clause treats it as a vehicle for applying the Bill of Rights to the states by protecting the privileges of national citizenship, including safeguards enumerated in the first eight amendments.
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Corporations are not citizens within the meaning of the clause, so they receive no direct protection and must rely on other constitutional provisions such as the Commerce Clause or Due Process Clause.
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…they have been denied the equal protection of the laws, deprived of property without due process of law, and have been denied privileges and immunities of citizens of the United States. We pass to a consideration of those issues. I. Whether the equal protection clause of the Fourteenth Amendment inhibits judicial enforcement by state courts of restrictive covenants…