The
Privileges and Immunities Clause as set forth in Article 4, Section 2 states
that states may not prevent citizens from their basic rights according to that
which is exhibited by civil rights statutes. In such a way, any discriminatory
practices whatsoever are not tolerated. In order to be more specific, it states
that citizens of all locales will be made eligible for the attainment of such
outlined “privileges and immunities” set forth for all citizens.
This stems from the “Articles of
Confederation” where State residents be entitled to all privileges
afforded to United States citizens alike. This Clause was also found within the
Federalist Papers where Alexander Hamilton outlined that such a clause actually
created contention as to the relationships between that of a State and citizens
from varying states. In his description of privileges and immunities, he also
went so far as to use “privileges” and “rights” as one in the
same.
In Corfield
v. Coryell, the Supreme Court determined and set forth what exactly the
privileges and immunities within the United States Constitution entailed. These
included that they are “fundamental in terms of its
foundation, belonging solely to that of the citizens of all free
governments and will have been enjoyed by the citizens of the several states
which compose this Union.” This will have encompassed the time from which
the United States had acquired its full and concurrent freedom in accordance
with the United States Constitution.
Yet another case that exemplified the ideals of
privileges and immunities is that of Magill v. Brown. In that case it was once
again ruled that such privileges and immunities be afforded to all citizens of
the State in which they resided. In addition, however, other statements seemed
to contrast this. They did, however, come to an agreement in deeming that they
wished for a “general citizenship” to exist between all states under
the United States Constitution. In this way, there would be no concern over the
differences in treatment in relation to one’s State of residence. This
represented an area by which the United States Constitution may be adequately
practiced.
The Privileges
and Immunities Clause represents an area by which all citizens may be granted
with what is prescribed as their natural rights as attached to the country as
well. This continues to reign as an area by which citizens may look to for
protection.
