Article IV Privileges & Immunities Clause

Question 1

Article IV Privileges & Immunities Clause

Answer 1

States may not discriminate against non-state residents

Question 2

Article IV Privileges and Immunities Clause

Article IV Privileges & Immunities Clause: Context

Answer 2

Arises if a state law is intentionally protectionist and concerns rights relating to important commercial activities

• Note: Only protects CITIZENS, not corporations or aliens

Question 3

Article IV Privileges and Immunities Clause

Article IV Privileges & Immunities Clause: Analysis

Answer 3

Discriminatory state law will be invalid if it:

1) Relates to civil liberties or commercial activities; and
2) Is not necessary to achieve an important government interest

Question 4

Article IV Privileges and Immunities Clause

Article IV Privileges & Immunities Clause: Analysis Element 1

Answer 4

Relates to civil liberties or commercial activities

Question 5

Article IV Privileges and Immunities Clause

Article IV Privileges & Immunities Clause: Analysis Element 2

Answer 5

Is not necessary to achieve an important government interest

• I.e. the state law is intentionally protectionist in nature, there is no substantial justification for the discrimination, or less restrictive means are available

Question 6

Article IV Privileges and Immunities

Article IV Privileges & Immunities Clause: Valid Examples

Answer 6

• Law requiring higher fees for non-state residents at public golf courses
• Higher fees for hunting licenses for non-state residents, etc.

Question 7

Article IV Privileges and Immunities

Article IV Privileges & Immunities Clause: Invalid Examples

Answer 7

• Income tax on non-residents only
• Limiting bar admission to state residents
• Different fees for commercial fishing licenses