P&I Clause and Intergovernmental Immunity

Question 1

P&I Clause LNG

Answer 1

Article 4 section 2 states that Citizens of each state shall be entitled to all privileges & immunities of citizens in in the several States

Question 2

P&I Clause

what is it generally?

Answer 2

§ Limits the ability of a state to discriminate against out-of-staters with regard to fundamental rights or important economic activities. It prevents a state from discriminating against citizens of other states in favor of its own.

Question 3

P&I Clause

CL United Building v. Mayor of Camedn held that…

Answer 3

held that the right to pursue a livelihood is a right protected by the Privileges and Immunities Clause, and also has held that a requirement that private contractors on city projects employ a certain percentage of city residents substantially interferes with the right

Question 4

P&I Clause Test

Answer 4

Discrimination will only be allowed if it substantially related to achieving a substantial state interest
1. Has the state discriminated against out-of-staters with regard to privileges and immunities that it accords its own citizens?

2. If there is such discrimination, is there a sufficient justification for the discrimination?

Question 5

Intergovernmental Immunity RULE

Answer 5

Prohibits state and local governments from taxing or regulating the federal government unless the federal government has consented to the regulation.

Question 6

for Intergov Immunity–>what can be allowed?

Answer 6

§ A state may only directly tax a federal government property or operation with Congress’s consent.
o HOWEVER, a non-discriminatory and indirect tax may be valid.