Glossary

Privileges or Immunities Clause

The Fourteenth Amendment clause barring states from abridging the privileges or immunities of U.S. citizens, largely dormant since 1873.

Also called: Privileges or Immunities, Fourteenth Amendment privileges or immunities

The Privileges or Immunities Clause of the Fourteenth Amendment states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." Many historians believe its authors intended it as the main guarantee of civil rights against the states after the Civil War.

In the Slaughter-House Cases (1873), however, the Supreme Court read the clause narrowly, limiting it to a small set of rights tied to national citizenship, such as access to ports and federal offices. Courts later protected individual rights against the states through the Due Process Clause instead, giving rise to the incorporation doctrine and substantive due process. A rare modern use came in Saenz v. Roe (1999), involving the right to travel.

Scholars across the spectrum, from libertarians to progressives, have argued that the clause should be revived as a more honest textual home for protected rights. Justice Clarence Thomas made that argument in McDonald v. City of Chicago (2010). Critics of revival worry it would invite judges to define the rights of citizenship without clear limits. It is separate from the Article IV Privileges and Immunities Clause.

Last reviewed November 8, 2026

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Related terms

Incorporation doctrine The doctrine applying most Bill of Rights protections to state and local governments through the Fourteenth Amendment. Substantive due process A doctrine holding that the Due Process Clauses protect certain fundamental rights from government interference, not just fair procedures. Equal Protection Clause The Fourteenth Amendment guarantee that no state may deny any person within its jurisdiction the equal protection of the laws. Natural rights The idea that people possess certain rights by virtue of their humanity, which exist prior to and independent of any government.