Following thematically from the Full Faith and Credit Clause, the Privileges and Immunities also guides interactions among the states. Though the text of the clause may appear ambiguous – and has been the source of some confusion in cases throughout the centuries – the Privileges and Immunities Clause (not to be confused with the Privileges or
Immunities Clause of the 14th Amendment) prohibits states from treating residents from other states differently than residents of that state.
This clause is similar in some respects to the Dormant Commerce Clause
, which prohibits states from making protectionist laws against other states as entities. Here, the Constitution forbids states from treating other states’ citizens differently. For example, in Toomer v. Witsell (1948)
, South Carolina was charging a $2,500 fee for out-of-state shrimp boaters to do business in the state, while it only charged South Carolina residents a fee of $25. The Supreme Court then held that this action violated the Privileges and Immunities Clause. The state could not discriminate against out-of-staters merely for being from out of state.