Must a state treat citizens of other states the same as it treats its own citizens?

This entry is part 32 of 32 in the series Constitutional Insights

The Constitution’s “Privileges and Immunities” Clause requires a State to treat citizens of other States as it treats its own citizens.

The Constitution’s Article IV, Section 2 provides: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” These “privileges and immunities” include:

  • protection by the Government
  • the enjoyment of life and liberty
  • the right of a citizen of one State to pass through
  • the benefits of the writ of habeas corpus
  • pursuing lawsuits of any kind in the courts of the State
  • owning and disposing of property, either real or personal

These constitutional requirements are benefits conferred on 21st Century Americans by the 18th Century drafters of the Constitution.

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