States are prohibited from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities, such as seeking employment, because of

States are prohibited from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities, such as seeking employment, because of the Privileges and Immunities clause.

There are actually two clauses in the Constitution referred to as the “Privileges and Immunities Clause.” The first is in Article IV, Section 2, Clause 1, which states: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” This clause guarantees American citizens the same basic rights, regardless of where they travel within the country, or to which state they move.

Later, in 1866, as Congress was contemplating Amendments to the U.S. Constitution, Ohio Senator John Bingham proposed a draft clause to the Fourteenth Amendment. This clause, known as the Privileges or Immunities Clause, read: “The Congress shall have power to make all laws which shall be necessary and proper to secure to the citizens of each state all privileges and immunities of citizens in the several states …” The updated clause in the Fourteenth Amendment allows Congress to enforce the Bill of Rights as it is laid out in the Constitution.

barack obama

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