Privileges and Immunities Clause

The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel may plausibly be inferred from the clause.

Text of the clause

This sentence of the Constitution is as follows:

History prior to ratification of the Constitution

The Privileges and Immunities Clause is similar to a provision that was contained in the Articles of Confederation. According to that provision, "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 discussed that provision of the Articles of Confederation in Federalist No. 42. Madison wrote: "those who come under the denomination of free inhabitants of a State, although not citizens of such State, are entitled, in every other State, to all the privileges of free citizens of the latter; that is, to greater privileges than they may be entitled to in their own State...."

Privileges and Immunities

Privileges and Immunities may refer:

in international law, to privileges and immunities afforded by international treaties:

in national law, to privileges and immunities provided for in respective national laws: