Con Law Flashcards
What is the Dormant Commerce Clause & where does this come from?
Prohibits state laws that discriminate against or unduly burden interstate commerce/out-of-state commercial actors
Inferred from Article I
Who does the P&I of Art. IV (Section 2) apply to & what does it state?
Just US Citizens
“The Citizens of each state shall be entitled to all Privs and Immunities in the several states.”
Who is protected by the Dormant Commerce Clause?
ALL out-of-staters
What does the P&I protect?
Important Commercial Activities (earning a living) & Fundamental rights
What level of scrutiny must discriminatory laws pass under the DCC?
What are the exceptions?
Strict Scrutiny (but IMPORTANT interest….does not have to be compelling)
If there is Congressional Approval or the state is acting as a Market Participant
What level of scrutiny must non-discriminatory laws pass under the DCC?
Rational Basis UNLESS burden on IC out-weighs non-protectionist benefits
When are laws upheld under the P&I Clause?
Strict Scrutiny (but IMPORTANT interest…..does not have to be be compelling)
P&I of 14th Amendment protects US Citizen’s rights of _______________ including the rights to ___(4)____.
National Citizenship
Interstate travel, petition the government, enter public lands, to vote etc.
Equal treatment
Legal residents ________ citizens of the United States.
NOT
