P&I

Question 1

Privileges and Immunities Clause

Answer 1

Article 4, Sec 2

Imposes a direct restraint on state action in the interest of interstate harmony

1) Fundamental rights
2) Does not include corporations or aliens
3) No market participant exception
4) Triggered by discrimination against out-of-state citizens
5) States can’t waive

Question 2

Standard of Proof (P and I)

Answer 2

State must prove:

1) substantial reason/close relationship between practice and problem
- out-of-state citizens constitute particular source of evil
3) lack of workable, less-discriminatory means