What is the scope of the privileges and immunities clause of the US Constitution?
The Privileges and Immunities clause of the US Constitution is found in Article IV, Section 2 of the document. This clause protects citizens of each state from discrimination by other states. Specifically, the clause guarantees “to the Citizens of each State all Privileges and Immunities of Citizens in the several States.” The scope of this clause is somewhat broad. Generally speaking, the clause ensures citizens of each state have the same rights and privileges in every other state as citizens of those states. This means that a citizen of one state should not be treated any differently or be disadvantaged in any way while visiting or living in another state. This includes the right to pursue a livelihood, to own property, to travel, and to find court protection. In the state of New York, the Privileges and Immunities clause is interpreted to provide citizens and non-citizens alike with the right to access the courts for the purpose of protecting and enforcing their civil rights. This clause also ensures that those who are accused of a crime in New York will not be subject to any additional punishment than what New York law provides for the specific violation. In conclusion, the Privileges and Immunities clause of the US Constitution guarantees citizens of each state have the same rights and privileges in every other state as their own citizens. In New York, the clause is interpreted to provide citizens with full access to the court system and protections from any added punishments.
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