Privileges
and Immunities Clause of Article IV
Article IV generally is designed to
ensure that the United States is one Nation and that state sovereignty should not be so extreme as to destroy national identity.
Article
IV, §2 provides:
“The
Citizens of each State shall be entitled to all Privileges and Immunities of
Citizens in the several States.”
The purpose of this provision is to
protect the citizens of State A from being treated like non-citizens, like foreign
nationals, when they visit State B. It's like a special kind of
equal protection clause protecting citizens of one state when they visit
another state.
State B must treat citizens of State A
as welcome visitors to a sister state. The Court has said that when State B discriminates against citizens of another state the issue is whether the interest is "sufficiently fundamental to the promotion of interstate harmony." 465 U.S. at 218.
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