Amendment 14 · Ratified July 9, 1868
This guide provides an overview of the Privileges and Immunities Clause of the 14th Amendment, its historical significance, landmark cases, and its modern-day applications.
Source: U.S. Const. amend. 14
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The 14th Amendment's Privileges and Immunities Clause protects certain rights of citizens from being violated by state laws. It ensures that citizens of one state are treated equally when in another state.
Enacted in the aftermath of the Civil War, the 14th Amendment aimed to secure the rights of newly freed slaves and ensure they received equal protection under the law. It also sought to address the injustices experienced by African Americans in various states.
Assesses the scope of privileges and immunities protected under the 14th Amendment.
Holding: The court held that the Privileges and Immunities Clause protects certain fundamental rights inherent in national citizenship.
Significance: This case established early interpretations of what constitutes privileges or immunities and laid groundwork for future case law.
Holding: The Supreme Court affirmed that the right to travel between states is a fundamental right protected by the Privileges and Immunities Clause.
Significance: This decision emphasized the importance of interstate equality and reinforced protections against state discrimination.