Opinion of Alito, J.
stitutional order, is not confined to any one clause or section, but is expressed in the very nature of the federal system that the Constitution created and in numerous provisions that bear on States’ interactions with one another. New York Life Ins. Co. v. Head, 234 U. S. 149, 161 (1914).[1]
The dissent suggests that we apply this principle through the Due Process Clause of the Fourteenth Amendment, post, at 6–8, and there is support for this argument in our case law, if not in the ordinary meaning of the provision’s wording. By its terms, the Due Process Clause is about procedure, but over the years, it has become a refuge of sorts for constitutional principles that are not “procedural” but would otherwise be homeless as the result of having been exiled from the provisions in which they may have originally been intended to reside. This may be true, for example, with respect to the protection of substantive rights that might otherwise be guaranteed by the Fourteenth Amendment’s Privileges and Immunities Clause. See McDonald v. Chicago, 561 U. S. 742, 754–759 (2010) (plurality opinion); id., at 808–812 (Thomas, J., concurring in part and concurring in judgment). And in a somewhat similar way, our due process decisions regarding personal jurisdiction have often invoked respect for federalism as a factor in their analyses.
In our first decision holding that the Fourteenth Amendment’s Due Process Clause protects a civil defendant from suit in certain fora, the Court proclaimed that “no State can exercise direct jurisdiction and authority over persons or property without its territory.” Pennoyer v. Neff, 95 U. S.
- ↑ See, e.g., Florida v. Georgia, 17 How. 478, 494 (1855); Bonaparte v. Tax Court, 104 U. S. 592, 594 (1882); Huntington v. Attrill, 146 U. S. 657, 669 (1892); Alaska Packers Assn. v. Industrial Accident Comm’n of Cal., 294 U. S. 532, 540 (1935); Baldwin v. G. A. F. Seelig, Inc., 294 U. S. 511, 521–523 (1935); BMW of North America, Inc. v. Gore, 517 U. S. 559, 571–572, and n. 16 (1996); State Farm Mut. Automobile Ins. Co. v. Campbell, 538 U. S. 408, 422 (2003).
