Legal Definitions - privileges and immunities

Definition: Privileges and immunities are the basic rights that people have in free governments. These rights are protected by the U.S. Constitution in Article IV and the 14th Amendment. The Constitution guarantees that citizens of each state are entitled to all privileges and immunities in the several states, and that no state can make or enforce any law that would take away these rights.

For example, some of the privileges and immunities that citizens have include:

• The right to be protected by the government
• The right to acquire and possess property of every kind
• The right to pursue and obtain happiness and safety

These rights are subject to some limitations that the government may prescribe for the general good of the whole. However, the exact nature of privileges and immunities that state governments can limit has been a matter of dispute. The U.S. Supreme Court has gradually leaned towards protecting the individual rights of citizens against state statutes that might impinge on constitutional rights.

For instance, if a state law prohibits citizens from practicing their religion, it would be considered a violation of their privileges and immunities. Similarly, if a state law denies citizens the right to own property, it would also be a violation of their privileges and immunities.