What are 3 examples of the Privileges and Immunities Clause?
Asked by: Dr. Osbaldo Orn | Last update: October 3, 2025Score: 4.9/5 (55 votes)
Examples of privileges and immunities include life, liberty, and property, but also include the right to sue, the right to protection of a federal Marshall, and the right to run for federal office and vote in federal elections.
What is an example of privileges and immunities clause?
For example, in Toomer v. Witsell (1948), South Carolina was charging a $2,500 fee for out-of-state shrimp boaters to do business in the state, while it only charged South Carolina residents a fee of $25. The Supreme Court then held that this action violated the Privileges and Immunities Clause.
What cases involving the privileges and immunities clause?
The Slaughter-House Cases, therefore, reduced the Privileges or Immunities Clause to a superfluous reiteration of a prohibition already operative against the states.
What is an example of reasonable distinction under the privileges and immunities clause?
Final answer: The Privileges and Immunities Clause allows states to make reasonable distinctions regarding out-of-state citizens, as exemplified by higher tuition rates for non-residents at public universities. Such distinctions are lawful as they relate to the state's interest in resource allocation.
What would be a violation of privileges and immunities?
For instance, if a state law prohibits citizens from practicing their religion, it would be considered a violation of their privileges and immunities. Similarly, if a state law denies citizens the right to own property, it would also be a violation of their privileges and immunities.
Privileges and Immunities Clause
What is a citizen entitled to under the privileges and immunities clause?
The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel is associated with the clause.
What are the three types of immunity for constitutional violations?
The main types of immunity are witness immunity, public officials immunity from liability, sovereign immunity, and diplomatic immunity. Factors considered when granting immunity from prosecution for witnesses include the seriousness of the offense, reliability, and Involvement in criminal activity.
Which of the following best describes the Privileges and Immunities clauses?
The privileges and immunities clause of Article IV prevents states from discriminating against citizens of another state. It was intended to unify the separate states and ensure that citizens of other states were not treated differently than residents of the state with regard to fundamental rights.
What are two examples of records that a state must recognize?
The two examples are Birth certificate and title to property.
What types of actions are not protected by the privileges and immunities clause?
Corporations, aliens, and legal residents are not citizens of the United States and are not protected by the Fourteenth Amendment Privileges or Immunities Clause. The Privileges or Immunities Clause prohibits states from denying their citizens the rights of national citizenship, which includes the right to travel.
What are the fundamental rights under the privileges and immunities clause?
The Privileges and Immunities Clause of Article IV , Section 2 of the Constitution states that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." This clause protects fundamental rights of individual citizens and restrains state efforts to discriminate ...
Is slaughterhouse still good law?
While its interpretation of the Fourteenth Amendment overall has expanded significantly, the Slaughterhouse Cases remain valid law and the Privileges or Immunities Clause meaningless in most circumstances.
What does jurisdiction mean in the 14th Amendment?
The Citizenship Clause establishes the principle of birthright citizenship, but there are exceptions to this general rule; the key language reads “subject to the jurisdiction thereof”; this means that the non-citizen must owe full allegiance to the United States and to no other country.
Which is a true statement about the privileges and immunities clause?
The correct answer is option c. "The Privileges and Immunities Clause deals with shared rights for citizens". Explanation: The Privileges and Immunities Clause of Article IV, Section 2 of the United States Constitution states that any citizen in any state share the same rights that any other in other state.
What is the meaning of immunities and privileges?
…a privilege denotes some substantive exemption from laws and regulations such as those relating to taxation or social security, whereas an immunity does not imply any exemption from substantive law but confers a procedural protection from the enforcement process of the receiving state (Satow, 2009, p.
Who has the power to admit new states?
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the ...
What is an example of the privileges and immunities clause?
Examples of privileges and immunities include life, liberty, and property, but also include the right to sue, the right to protection of a federal Marshall, and the right to run for federal office and vote in federal elections.
What are the 3 main types of records?
There are four types of records: official records, transitory records, non-records, and personal records. Some records are kept for a short amount of time, and some records have long retention periods. Retention periods for records are approved by Retention and Disposal Schedules.
What is an example of full faith and credit?
The Full Faith and Credit Clause ensures that the judicial proceedings of one state are generally recognized by all the other states. If someone is married in California, for example, they are still considered married in Massachusetts. This clause prevents one state from ignoring the valid legal acts of another state.
What is in addition to the privileges and immunities clause?
In addition to the Privileges and Immunities Clause, Article IV, Section 2 includes the Enslaved Persons Clause. Article IV, Section 2 simply explains that the states should not discriminate against themselves. It means that the rights of the people in the state should also be given to others from other states.
What is a free inhabitant person?
It should also be noted that “free inhabitant” was basically a way of saying “white landowners” and “freedmen.” Slaves, indentured servants, paupers (people getting state assistance), vagabonds (the homeless and nomads), and convicted criminals did not have the same rights as “free inhabitants.”
What can happen if the president chooses to veto a law that has been approved?
If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present.
What disqualifies qualified immunity?
The Court held that qualified immunity does not apply to a police officer when the officer wrongfully arrests someone based on a warrant, if the officer who could not reasonably believe that there was probable cause for the warrant.
What are 3 rights guaranteed by the Constitution?
First Amendment: freedom of religion, freedom of speech, freedom of the press, and freedom of assembly. Second Amendment: the right of the people to keep and bear arms. Third Amendment: restricts housing soldiers in private homes. Fourth Amendment: protects against unreasonable search and seizure.
Can a sitting president be prosecuted?
Presidential immunity is the concept that a sitting president of the United States has both civil and criminal immunity for their official acts. Neither civil nor criminal immunity is explicitly granted in the Constitution or any federal statute.