Limits on State Regulatory and Taxing Power

Question 1

Privileges and Immunities Clause

Answer 1

Art 4 Sec 2
-Const. Challenge to state laws discriminating against non-residents.
Classic Test:
1) Basic to the maintenance and well-being of the union?
2) Is the law effective at achieving the state’s interest?

Question 2

State Action Doctrine

Answer 2

Challenges to private conduct on constitutional grounds will be allowed to proceed if it can be shown that the private conduct (1) involves conduct that is traditionally and exclusively done by the gov. or (2) if the gov is entangled with the private conduct by affirmatively authorizing, encouraging, or facilitating the unconstitutional conduct or (3) if there is a state or federal statute that applies constitutional norms to private conduct (Civil rights Act , e.g, )