Privileges and/or Immunities

Question 1

Where is the Privileges OR immunities Clause in the Constitution

Answer 1

14th A

Question 2

What are applications of the Privileges OR immunities Clause

Answer 2

Limited applications but include the right to:
1. travel across state lines and establish residence in a new state
2. petition congress
3. vote for federal offices
4. assemble
5. enter public lands

Question 3

Who does privileges or immunities clause protect

Answer 3

-human citizens only
-does NOT protect corporations

Question 4

Where is Privileges AND Immunities Clause

Answer 4

Found in Art. IV, Sec. 2

Question 5

What does Privileges and immunities clause do

Answer 5

Prohibits states from discriminating against non-residents based on the fact that they don’t reside in the state with respect to rights and activities that are fundamental to the national union

Question 6

When can a state discriminate under the privileges and immunities clause

Answer 6

State can discriminate if it substantially relates to a substantial state interest

Question 7

What are invalid forms of non-resident discrimination under privileges and immunities clause

Answer 7

-state statutes requiring non-residents to pay higher fees for commercial (but not recreational) licenses
-commuter taxes that apply to non-residents but not residents
-state laws requiring employers to give hiring preference to state residents

Question 8

What types of discrimination have been deemed permissible under privileges and immunities clause

Answer 8

-requiring non-residents to pay higher fees for recreational licenses than residents
-when the purpose of discrimination is to preserve natural, state-owned resources

Question 9

Who can assert privileges and immunities rights

Answer 9

-human citizens only, corporations cannot assert these rights
-corporations can assert rights through DCC