Kaplan Pgs 140-143 P&IC And Retroactive Leg

Question 1

What are the two sections of the privileges and immunities clause?

Answer 1

– Under the 14th amendment

– under article 4, section 2

Question 2

Privileges and immunities clause under the 14th amendment provides what?

Answer 2

No state shall make or enforce any law that abridges the privileges or immunities of citizens of the United States. This has very limited application and only protects these rights:
– the right to travel from state to state
– to petition Congress for redress of grievances
– to vote for national offices
– to enter public lands
– to be protected while in custody of US marshals
– to assemble peaceably

Question 3

How are corporations and aliens treated under the 14th amendment privileges or immunities clause?

Answer 3

They are not protected

Question 4

Anytime you see an in-state citizen being discriminated against because he’s only resided in the state for a limited time/a durational residency requirement, what should you assert?

Answer 4

The privileges and immunities clause under the 14th amendment because that has violated an aspect of the citizens right to travel in order to become a resident of a new state

Question 5

What is involved in the privileges and immunities clause under article 4 section 2?

Answer 5

This is called the comity clause. It says that the citizens of each state to be entitled to all privileges and immunities of citizens in the several states

Question 6

Are corporations and aliens considered to be citizens under either the 14th or article 4 of the privileges and immunities clause?

Answer 6

No

Question 7

What is the difference between the privileges and immunities clause under the 14th amendment and under article 4?

Answer 7

– 14th: says that the states cannot make laws that take away the privileges or immunities of citizens of the United States (CAN’T TAKE AWAY)
– article for: the citizens of each state are allowed to all of the privileges and immunities of citizens in all the other states (MUST GIVE SAME)

Question 8

What are some examples of things that would be considered invalid forms of non-resident discrimination under article 4 section 2 of the privileges and immunities clause?

Answer 8

– A statute that requires nonresidential fisherman to get a $2500 license to fish, while residents only pay $25 for the license
– a commuter tax that applies to nonresidents that enter the state to work, but residents are exempt
– a statute that puts residency requirements on women seeking an abortion, because everyone has a fundamental right to seek medical care
– a state law that requires employers to give hiring preferences to state residents

Question 9

Does the privileges and immunities clause protect a non-resident against all forms of discrimination?

Answer 9

No.

Question 10

What are some examples of types of discrimination against non-residents that have been upheld under the privileges and immunities clause?

Answer 10

– Statutes that require a non-resident to pay $225 for a recreational hunting license, but a resident only has to pay nine dollars. This is OK because it is within the states police power to regulate RECREATIONAL, non-commercial activities
- discrimination against non-residents is given special consideration if the purpose is to preserve NATURAL state-owned resources

Question 11

When do you know if it’s the privileges and immunities clause or the commerce clause that should apply?

Answer 11

– article 4 of privileges and immunities: discrimination against non-resident citizens regarding an essential economic write on liberty
– commerce clause: general economic discrimination against a business or entity

Question 12

How do you determine if there has been a state violation of the privileges and immunities clause of article 4 section 2?

Answer 12

1) Ask if the state has in fact discriminated against non-residents. Look to see if the protected right or activity is sufficiently basic to the livelihood of the nation
2) if there has been discrimination, ask if there is a sufficient justification for it. The court will hold it invalid unless:
– there’s a substantial reason for the different treatment, and
– the discrimination practices against non-residents bears a substantial relationship to the state’s objectives

Question 13

What is the contract clause?

Answer 13

No state can pass any law that impairs the obligation of contracts.

Question 14

What is the purpose of the contracts clause?

Answer 14

To stop state legislatures from passing retroactive laws that impair an existing contractual obligation.

Question 15

Who does the contract clause apply to?

Answer 15

Only to state legislation, not to state court decisions or to the federal government

Question 16

When can a private contract be modified by the legislature according to the contract clause?

Answer 16

Under the legislature’s police power when it is necessary to serve an important and legitimate public interest and the regulation is a reasonable and narrowly tailored means to promote that interest.

Ie: during the great depression a statute that put a moratorium on mortgage foreclosures was upheld

Question 17

What will the court consider when they’re deciding whether a contract can be modified under the contract clause?

Answer 17

– The severity of the impairment and

– the importance of the public interest to be served

Question 18

What do ex post facto clauses do?

Answer 18

They prevent both the state and federal governments from passing retroactive criminal laws

Question 19

Who is prohibited from passing bills of attainder?

Answer 19

Both the federal and state legislatures