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. It states that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states; 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. The clause is designed to protect individuals from discrimination by the states based on their place of citizenship. The scope of the clause is broad, and includes protection for both fundamental constitutional rights and common law defenses against state interference. Fundamental rights include rights to travel, work, and earn a living, free from state interference. Common law defenses include the right to engage in specific activities such as marriage and contracts, and the right to equal protection of the law. The privileges and immunities clause has been interpreted broadly by the Supreme Court to protect citizens from discrimination. In cases such as Saenz v. Roe, the court found that the clause forbids states from discriminating based on citizenship when granting public benefits. The clause is also a powerful tool for protecting the rights of certain vulnerable classes of people, such as immigrants. In Plyler v. Doe, the Supreme Court held that illegal immigrants must be afforded the same rights and privileges as citizens and that states cannot deny them the free public education. The privileges and immunities clause of the US Constitution protects citizens from discrimination and offers broad rights and protections for vulnerable members of society. It provides a powerful tool for challenging laws that deny fundamental freedoms and affords citizens the right to equal protection of the law.
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