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CHAPTER 9

The Privileges and Immunities Clause of Article IV

§9.1 INTRODUCTION AND OVERVIEW

The Privileges and Immunities Clause of Article IV, §2 provides that “[t]he Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” Despite its rather awkward phrasing, the clause prohibits states from engaging in certain types of discrimination against citizens of other states. The clause was modeled after the Fourth Article of the Articles of Confederation, ratified in 1781, which declared,

 The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from Justice excepted, shall be entitled to all the privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively.…

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