Privileges and Immunities Clauses Flashcards Preview

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Flashcards in Privileges and Immunities Clauses Deck (5)
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1
Q

Privileges and Immunities under the 14th Amendment protects

A

Interstate travel when going to become a resident of a new state

≠ corporations

2
Q

Privileges and Immunities under Article IV, Section 2 protects

A

Out of state visitors who are just visiting

≠ corporations

3
Q

The following have been held to be invalid forms of non-resident discrimination
(4)

A
  1. higher fee for commercial licenses
  2. commuter taxes only out out of staters
  3. limiting abortions to only local residents
  4. employers can only hire locals
4
Q

The following types of non-resident discrimination have been upheld:

A
  1. paying more for recreational licenses (hunting or fishing)
  2. treating different to preserve in state natural resources
5
Q

Test for non-resident discrimination

A

Is there a substantial connection to a substantial state interest?