Legislative Powers - Privileges & Immunity

Question 1

What triggers legislative privilege and immunity powers?

Answer 1

only if there is discrimination to out-of-staters

Question 2

Are legislative privilege and immunity powers triggered when in-state and out-of-staters are treated the same?

Answer 2

no - only if there is discrimination towards out-of-staters

Question 3

Are there any exceptions to the legislative powers of privileges and immunity?

Answer 3

no

Question 4

What is the rule of law that came from United Building and Construction Council v. Mayor of Camden?

Answer 4

A state may not discriminate against out-of-state interests if those interests are sufficiently fundamental to the promotion of interstate harmony so as to fall within the purview of the Privileges and Immunities Clause, unless the state has a substantial reason for treating out-of-state citizens differently, and the discriminatory means it imposes are closely related to accomplishing that reason.

Question 5

What are the primary similarities between P & I and the dormant commerce clause?

Answer 5

1. based on discrimination against out-of-staters (more in favor of in-staters)
2. based on commerce in some capacity
3. doctrinal approaches are similar - triggering the test for each involves looking at the states objectives and means for discrimination
4. the burden the state has to show in practice is basically the same for both

Question 6

What makes the dormant commerce clause different from P & I?

Answer 6

1. Applies to everyone (including corporations) - is triggered broader types of activities
2. Discriminates on face, purpose, or effect that must be a legitimate state interest with the least restrictive alternative
3. There are exceptions (like market participation & congressional consent)
4. Pike Balancing Test

Question 7

What makes P & I different from the dormant commerce clause?

Answer 7

1. Triggered by a narrower set of activities
2. only applies to individual human beings (not corporations) and is only applicable to citizens
3. No exceptions
4. Yes or No to Discrimination/Must Have Substantial State Interest with Closely Related Means
5. Doesn’t have a pike balancing test