What is the 'privileges or immunities' clause of the Fourteenth Amendment and how has it been treated in practice?

What is the 'privileges or immunities' clause of the Fourteenth Amendment and how has it been treated in practice?

• A. It was intended to protect national rights of citizens; in practice most rights are protected through the Due Process Clause rather than the Privileges or Immunities Clause.
• B. It guarantees all rights enumerated by the Bill of Rights against state action.
• C. It has been used to incorporate the Bill of Rights against the states.
• D. It applies solely to corporate entities.

Answer: (A)

The Privileges or Immunities Clause was meant to protect the fundamental rights that come with national citizenship from state interference. In practice, the Supreme Court’s early narrowing of the clause—most notably in the Slaughter-House Cases—limited it to a slim set of national privileges and left most protections to the Due Process Clause of the Fourteenth Amendment. Since then, the widespread method for applying the Bill of Rights against the states has been through incorporation by the Due Process Clause, not the Privileges or Immunities Clause. There are a few isolated recognitions under the Privileges or Immunities Clause, such as the right to travel, but these are relatively limited. So, while the clause was originally about national citizen rights, most rights are now protected against state action through due process, not through the Privileges or Immunities Clause.

The Privileges or Immunities Clause was meant to protect the fundamental rights that come with national citizenship from state interference. In practice, the Supreme Court’s early narrowing of the clause—most notably in the Slaughter-House Cases—limited it to a slim set of national privileges and left most protections to the Due Process Clause of the Fourteenth Amendment. Since then, the widespread method for applying the Bill of Rights against the states has been through incorporation by the Due Process Clause, not the Privileges or Immunities Clause. There are a few isolated recognitions under the Privileges or Immunities Clause, such as the right to travel, but these are relatively limited. So, while the clause was originally about national citizen rights, most rights are now protected against state action through due process, not through the Privileges or Immunities Clause.