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Elizabeth Jo

๐Ÿ‘ค Speaker
430 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So next, Section 2 of Article 4.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Section 2 is a collection of different state issues.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So the first clause tells us that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So think of this as an anti-discrimination principle.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

The clause prevents states from discriminating against citizens from other states in favor of their own.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So that's true for many, but not all situations.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Some of the most important legal cases here have focused on things like state residency requirements, that you have to live in a state for a certain time to receive some kind of benefit.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And states usually can't interfere with what are considered fundamental rights that are recognized under the Privileges and Immunities Clause.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

A good example is that the Supreme Court has said, you know, your right to pursue an occupation is something that's protected by this clause.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But states do have some latitude.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

They can discriminate against out-of-staters for important reasons.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

That's why you can't go to another state and just say, hey, I have the right to vote in your election.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

You can't because...

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

The state has a good reason to keep voters only to the people who are within the state.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Wow.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So this part of Article 4 isn't too much in dispute.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It's not very controversial.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Next, the second clause here, which says a person charged in any state with treason, felony or other crime who shall flee from justice and be found in another state shall on demand of the executive authority of the state from which he fled be delivered up to be removed to the state having jurisdiction of the crime.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

This is known as the extradition clause, and it applies when a person is accused of a crime in one state.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

and then flees to another.