Privideges and Immunties

Question 1

Priviledges and Immunities

Answer 1

Article IV of the United States Constitution states that The Privileges and Immunity Clause imposes a direct restraint on state action in the interests of interstate harmony. In evaluating whether a statute’s discrimination of out-of-state citizens violates the Privileges and Immunity Clause, the Court considers: (1) whether the State law burdens one of those privileges and immunities protected by the Clause, namely, fundamental privileges and immunities bearing upon the vitality of the Nation as a single entity, and (2) whether out-of-state residents constitutes a particular source of evil that statute is aimed at. United Building.

Question 2

City of Camden

Answer 2

F:
The City of Camden
passed a local ordinance requiring that at least 40 percent of employees working on city projects be city residents. The ordinance affected both in state NJ residents as well as out of state
residents. The city’s
justification for the
ordinance was to
address the grave
economic and social
downfalls it faced as a result of an increase of residents moving out of state.
R:

In evaluating a violation of the P&I Clause, the Court considers: (1) if the State law burdens a fundamental right under the Clause and (2) if out of state residents are the substantial cause of the States problems, are the discriminatory means advanced reasonably
tailored to justify the States actions?
This case put local
governments on notice that protectionist laws would be subject to
strict scrutiny review under the P&I Clause.