MBE Rules · Constitutional Law
Privileges & Immunities Clause (Art. IV)
Art. IV §2 cl. 1
The rule
A state may not discriminate against out-of-state CITIZENS with respect to fundamental rights or essential economic activities (pursuing a livelihood) absent a substantial justification and no less-restrictive means. Applies only to natural persons who are citizens — not corporations or aliens.
In plain English
This is the anti-protectionism clause aimed at state discrimination against out-of-state individuals engaged in commerce or exercising fundamental civil rights. Pair with the Dormant Commerce Clause on cross-border discrimination questions.
Memory hook
'Citizens + fundamental' = P&I; 'commerce + anyone (incl. corps)' = DCC.
The trap
Applying it to corporations or aliens — it protects neither.
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