🇺🇸
Constitutional Law • Privileges or Immunities
CONLAW#050
Legal Definition
The Privileges or Immunities Clause of the 14th Amendment prohibits states from denying their citizens the privileges or immunities of national citizenship. Courts have recognized a fundamental right to travel, thus: (1) laws preventing people from moving into a state, and (2) durational residency requirements must meet strict scrutiny. Restrictions on foreign travel, however, need only meet the rational basis test.
Plain English Explanation
The 14th Amendment's Privileges or Immunities Clause aims to create a unified nation by preventing states from denying citizens their fundamental national rights. One key right is the ability to travel freely between states without unreasonable barriers.
So laws that directly prohibit or penalize people for moving into a state will almost always be struck down. For example, states cannot impose long waiting periods before new residents receive welfare benefits or in-state college tuition. These types of durational residency requirements interfere with the right to freely enter and leave states.
However, restrictions on foreign travel (leaving/entering the U.S.) are viewed differently. Since foreign travel is less essential to a unified nation, courts are more lenient and will uphold reasonable restrictions.
In essence, states cannot treat their own citizens as "insiders" and new residents as "outsiders." People must be allowed to vote with their feet and move between states without penalties. This promotes national unity and shared national identity.
So laws that directly prohibit or penalize people for moving into a state will almost always be struck down. For example, states cannot impose long waiting periods before new residents receive welfare benefits or in-state college tuition. These types of durational residency requirements interfere with the right to freely enter and leave states.
However, restrictions on foreign travel (leaving/entering the U.S.) are viewed differently. Since foreign travel is less essential to a unified nation, courts are more lenient and will uphold reasonable restrictions.
In essence, states cannot treat their own citizens as "insiders" and new residents as "outsiders." People must be allowed to vote with their feet and move between states without penalties. This promotes national unity and shared national identity.
Hypothetical
Hypo 1: Bob recently moved to Hypofornia and wanted to run for a local government position. Hypofornia has a law requiring residents to live there for 10 years before they can run for office. Result: This law would likely be struck down under the Privileges or Immunities Clause because it prevents new residents like Bob from enjoying the same rights as other citizens, specifically the right to participate in government.
Hypo 2: Sam moves to New Hypoland and applies for a state job. He is told he must live in New Hypoland for 5 years before he's eligible. Result: This durational residency requirement would face strict scrutiny under the Privileges or Immunities Clause and likely be deemed unconstitutional, as it unjustly denies Sam employment opportunities based on his new resident status.
Hypo 3: Bob decides to move from Hypofornia to New Hypoland but learns that New Hypoland imposes a special tax on all new residents to fund local schools. Result: This tax would likely fail under the strict scrutiny applied to laws preventing people from moving into a state and thus be considered unconstitutional, as it discriminates against new residents like Bob, denying them the privileges of national citizenship.
Hypo 4: Sam plans a trip abroad and discovers that the U.S. has imposed new regulations on travel to certain countries for security reasons. Result: These restrictions would only need to meet the rational basis test and are likely upheld, as they are related to foreign travel and not moving between states or the rights associated with state residency.
Hypo 2: Sam moves to New Hypoland and applies for a state job. He is told he must live in New Hypoland for 5 years before he's eligible. Result: This durational residency requirement would face strict scrutiny under the Privileges or Immunities Clause and likely be deemed unconstitutional, as it unjustly denies Sam employment opportunities based on his new resident status.
Hypo 3: Bob decides to move from Hypofornia to New Hypoland but learns that New Hypoland imposes a special tax on all new residents to fund local schools. Result: This tax would likely fail under the strict scrutiny applied to laws preventing people from moving into a state and thus be considered unconstitutional, as it discriminates against new residents like Bob, denying them the privileges of national citizenship.
Hypo 4: Sam plans a trip abroad and discovers that the U.S. has imposed new regulations on travel to certain countries for security reasons. Result: These restrictions would only need to meet the rational basis test and are likely upheld, as they are related to foreign travel and not moving between states or the rights associated with state residency.
