Flashcards in Privileges and Immunities Clause Deck (9)
Where is the Privileges and Immunities Clause and what does it say?
The privileges and immunities is located in Art. IV§2
The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states (doesn't apply to voting or holding office)
What is the focus of the P&I clause?
1. Right of out-of-staters to conduct commerce
2. Right to pay same tax
3. Pursue a profession on the same terms
How is P&I different from Dormant Commerce Clause?
1. P&I only covers citizens, not corporations
2. In P&I there must be discrimination
3. P&I doesn't require a connection with commerce
What is the P&I Test?
1. Does the state have a substantial reason for discrimination?
2. Does the differential treatment bear a substantial relationship to that reason? (are the out-of-staters the source of evil?
3. Are there less restrictive means available?
What rights are protected?
1. Protection by the government
2. Right to possess property
3. Enjoyment of life, liberty, and the pursuit of happiness
**1. Has the state discriminated against out-of-staters with regard to p&I that it accords its own citizens? (With regard to fundamental rights or important economic activities)
2. Is the interest at stake sufficiently fundamental to the promotion of interstate harmony?
What happened in Piper?
• Lawyers have to be a resident to be admitted to the bar
Right to practice law is more fundamental to national unity then any other occupation -This is a fundamental right
**There was no substantial reason for the requirement, lawyers weren't a particular source of evil
What happened in Toomer v. Witsell?
Shrimp case-resident shrimp boats pay $25 out of state $2,500
• Citizens of State A should be able to do business in State B on terms of substantial equality with citizens of that state
• State gave no substantial reason for the difference in payment
• No evidence out of states are a particular source of evil
What happened in United Bldg. v. Camden?
40% of construction force must be from Camden (municipal law)
• Municipal law derives its power from the state
• Pursuit of common calling is core privilege protected