U.S. Constitution · Article IV, Section 2
Interstate Privileges, Extradition, and Fugitives from Labor
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The text
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Article IV, Section 2, Clause 1 · Privileges and Immunities Clause
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
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Article IV, Section 2, Clause 2 · Extradition Clause
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
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Article IV, Section 2, Clause 3 · Fugitive Slave Clause
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
National Archives transcription (public domain; original spelling and capitalization). archives.gov
In the founders’ words
- “It may be esteemed the basis of the Union, that "the citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States.” Alexander Hamilton, The Federalist No. 80 (1788-05-28)
- “In the fourth article of the Confederation, it is declared "that the FREE INHABITANTS of each of these States, paupers, vagabonds, and fugitives from justice, excepted, shall be entitled to all privileges and immunities of FREE CITIZENS in the several States;” James Madison, The Federalist No. 42 (1788-01-22)
- “To these privileges and immunities, whatever they may be—for they are not and cannot be fully defined in their entire extent and precise nature—to these should be added the personal rights guaranteed and secured by the first eight amendments of the Constitution;” Jacob M. Howard, Sen. Jacob M. Howard, Speech Introducing the Fourteenth Amendment, Senate, May 23, 1866 (Congressional Globe, 39th Cong., 1st Sess., 2764-66) (1866-05-23)
- “The amendment is exactly in the language of the Constitution; that is to say, it secures to the citizens of each of the States all the privileges and immunities of citizens of the several States. It is not to transfer the laws of one State to another State at all. It is to secure to the citizen of each State all the privileges and immunities of citizens of the United States in the several States. If the State laws do not interfere, those immunities follow under the Constitution.” John A. Bingham; Giles W. Hotchkiss, House of Representatives, Debate on Bingham's Proposed Amendment, February 28, 1866 (Congressional Globe, 39th Cong., 1st Sess.) (1866-02-28)
Public-domain primary sources, quoted word for word and checked against the linked text.
Leading Supreme Court cases
- Prigg v. Pennsylvania, 41 U.S. 539 (1842) · superseded by the Thirteenth Amendment
- Toomer v. Witsell, 334 U.S. 385 (1948)
- Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985)
- Puerto Rico v. Branstad, 483 U.S. 219 (1987)
- Saenz v. Roe, 526 U.S. 489 (1999)
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Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article IV, Section 2, https://www.valuesforamerica.com/constitution/article-4/section-2
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