Discrimination

Question 1

Facial Discrimination

Answer 1

State law discriminates against out of staters or against interstate economy on its face

(i.e. adopting a law where IL treats IL businesses different than Iowa businesses)

Question 2

As-Applied Discrimination

Answer 2

The law in effect discriminates. Neutral on its face, but in effect/applied it will discriminate. If state legislative purpose, that’s also discrimination.

Question 3

Exceptions to state discrimination

Answer 3

If congress approves the discriminatory action, they have the power to regulate interstate economy. State or local government acts as a market participant.

Question 4

Market Participant Doctrine

Answer 4

If the state is acting as a market participant and not a regulator it can freely discriminate against individuals

Question 5

If state/ local government isn’t discriminating against out of staters, look to…

Answer 5

1) Whether it burdens interstate commerce (yes)

2) The burdens on interstate commerce outweigh the benefits of the action (usually upheld)

Question 6

Privileges and Immunities Clause

Answer 6

Equal treatment principle between citizens of one state in another state

“Citizens of each state shall be entitled to all privileges and immunities of citizens in several states”