Commerce Clause and Privileges & Immunities

Question 1

Privileges & Immunities Clause – Article IV

What’s it “stand for”?

Answer 1

No state may deprive citz of other states of privileges & immunities it affords its own citz.

Question 2

Dormant Commerce Clause

What’s it “stand for”?

Answer 2

A state law may not place an UNDUE BURDEN on interstate commerce.

Question 3

Dormant Commerce Clause:

if law DISCRIMINATES against out of staters, when will it be constitutional?

Answer 3

Only Constitutional IFF:

1) SUBSTANTIAL gvmt interest &
2) NECESSARY to achieve result
3) (NO less restrictive ALTERNATIVE)

or
EXCEPTIONS:
a) Market Participant
b) i) Furthers IMPORTANT, NONECONOMIC state interest &
ii) No REASONABLE (nondiscrim) ALTERNATIVES

c) Typical gvmt function
d) Congressional approval

Question 4

Dormant Commerce Clause:

if law DOESN’T DISCRIMINATE against out of staters, when will it be constitutional?

Answer 4

Constitutional UNLESS:
Undue Burden on Interstate Commerce:
1) Burdens on I-S Commerce outweigh the Benefits.

Question 5

Contracts Clause

• Private
• Public

Answer 5

Prevents State Impairment of all contract rights relating to EXISTING contracts.

• Private K’s: can be modified if law serves IMPORTANT and legitimate public interest, and is Reasonably and NARROWLY tailored to promote that interest.
• Public K’s: can be modified only if meet SS.