MBE Rules · Constitutional Law
Privileges or Immunities Clause (14A)
14th Amendment §1 / Slaughter-House Cases / Saenz v. Roe
The rule
No state shall make or enforce any law abridging the privileges or immunities of citizens of the United States. Read very narrowly since Slaughter-House; today protects only rights of NATIONAL citizenship, most notably the right to travel — including the right of a newly arrived citizen to be treated equally with longer-term residents (Saenz v. Roe).
In plain English
Distinct from the Art. IV clause. Its modern significance is essentially the right to interstate travel and to be treated equally after relocating. Do not confuse with substantive due process incorporation.
The trap
Confusing this with Art. IV P&I, or with the general incorporation doctrine (which runs through the Due Process Clause).
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