---
title: "Privileges and Immunities Clause (Art IV)"
type: Legal Rule
source: https://casebriefly.com/legal-rules/privileges-and-immunities-clause-art-iv
---

# Privileges and Immunities Clause (Art IV)

States may not discriminate against citizens of other states with respect to fundamental rights and privileges, such as the right to pursue a livelihood. This clause prevents interstate protectionism against out-of-state citizens.

## Definition

The Privileges and Immunities Clause of Article IV, Section 2 provides that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. This clause prohibits states from discriminating against out-of-state citizens with respect to fundamental rights, particularly economic rights such as the right to pursue a livelihood, own property, and access the courts.

The modern framework was established in Supreme Court of New Hampshire v. Piper (1985) and refined in United States Building & Construction Trades Council v. Mayor of Camden (1984). Under this framework, a court first asks whether the state law discriminates against out-of-state citizens with respect to a fundamental privilege or immunity. If so, the state must demonstrate that (1) there is a substantial reason for the difference in treatment and (2) the discrimination practiced bears a substantial relationship to achieving the state's objective. This is an intermediate scrutiny standard that places the burden on the state to justify the discrimination.

Importantly, the Privileges and Immunities Clause protects only natural persons who are citizens, not corporations or aliens. It applies only to state discrimination against out-of-state citizens, not to discrimination by the state against its own residents. The clause is often analyzed alongside the Dormant Commerce Clause, as both limit state protectionism, but they differ in scope: the Privileges and Immunities Clause applies even when Congress has authorized state discrimination, while the Dormant Commerce Clause does not. Additionally, there is no market participant exception under the Privileges and Immunities Clause.

## Elements

- The state law must discriminate against out-of-state citizens
- The discrimination must affect a fundamental right or privilege (e.g., pursuing a livelihood, property ownership, court access)
- The state must show a substantial reason for the differential treatment
- The discrimination must bear a substantial relationship to the state's objective
- No less restrictive means are available to achieve the objective

## Key Case

Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985)

## Landmark Cases

| Name | Citation | Significance |
| --- | --- | --- |
| Corfield v. Coryell | 6 F. Cas. 546 (C.C.E.D. Pa. 1823) | Early circuit court opinion identifying the fundamental privileges and immunities protected by Article IV, including the right to travel and pursue a livelihood |
| Supreme Court of New Hampshire v. Piper | 470 U.S. 274 (1985) | Struck down a state bar admission residency requirement as violating the Privileges and Immunities Clause |
| United Building & Construction Trades Council v. Mayor of Camden | 465 U.S. 208 (1984) | Held that a city ordinance requiring a percentage of workers on public projects to be city residents could violate the Privileges and Immunities Clause |
| Hicklin v. Orbeck | 437 U.S. 518 (1978) | Struck down Alaska's local hiring preference for oil pipeline work as violating the Privileges and Immunities Clause |

## Exam Tips

- Remember that the Privileges and Immunities Clause protects only natural persons who are citizens -- corporations and aliens are not covered
- Distinguish from the Dormant Commerce Clause: there is no market participant exception under the Privileges and Immunities Clause
- Focus on whether the right at issue is fundamental -- economic rights like pursuing a livelihood are the most commonly tested

## Common Mistakes

- Confusing the Article IV Privileges and Immunities Clause with the Fourteenth Amendment Privileges or Immunities Clause -- they protect different rights and have different scopes
- Assuming that corporations can invoke the Article IV Privileges and Immunities Clause -- only natural persons who are citizens are protected
- Forgetting that there is no market participant exception to the Privileges and Immunities Clause, unlike the Dormant Commerce Clause

## Mnemonic Or Memory Aid

Art IV P&I: People (not corps) from other states cannot be treated differently regarding fundamental rights like livelihood

## Related Rules

- privileges-or-immunities-clause-14th-amendment
- commerce-clause
- equal-protection-clause

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Source: [Privileges and Immunities Clause (Art IV) — CaseBriefly](https://casebriefly.com/legal-rules/privileges-and-immunities-clause-art-iv)