Regulating Interstate Commerce: Privileges and Immunities

Question 1

Questions to Ask

Answer 1

State regulation discriminate against out-of-state citizen? Fundamental commercial or civil liberty at issue? Discrimination against Alien/Corporation? State show nonresident either cause or part of problem that state is attempting to solve and no less restrictive means?

Question 2

State Regulation Discriminate Against Out-Of-State Citizens?

Answer 2

If yes: move on to second question

If no: questioning stops

Question 3

Is there a fundamental commercial or civil liberty at issue?

Answer 3

If yes: move on to third question

if no: questioning stops

Question 4

Is Discrimination against Alien/Corporation?

Answer 4

If yes: end of questioning

If no: move to fourth question

Question 5

Does State Show that Non-Resident is Cause or Part of Problem State is Attempting to Solve and No less Restricted Means to Solve Problem?

Answer 5

If yes: state gets away with discrimination

If no: regulation violates privileges and immunities clause