U.S. Constitution · Article IV, Section 2, Clause 1
Privileges and Immunities Clause
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Also known as: Privileges and Immunities Clause
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The text
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
National Archives transcription (public domain; original spelling and capitalization). archives.gov
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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
- Toomer v. Witsell, 334 U.S. 385 (1948)
- Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985)
- Saenz v. Roe, 526 U.S. 489 (1999)
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Cite this page
Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article IV, Section 2, Clause 1, https://www.valuesforamerica.com/constitution/article-4/section-2/clause-1
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