P & I and Dormant Commerce Clause

Question 1

Privileges and Immunities Clause

Answer 1

Discriminates against out of staters with regards to important 1) economic interests or 2) civil liberties.

Two categories of PI protection and this protection is afforded to individual persons only, not corporations.

Question 2

Important Economic Interest

Answer 2

One you use to put a roof over your head and food on the table…your day job, not a hobby

Question 3

Dormant Commerce Clause

Answer 3

The grant of commerce clause power to congress implies the negative converse. This restricts what states can do, even in absence of a Federal Statute.

Arrises out of the supremacy clause: Federal law and treaties are supreme over state law

Question 4

Dormant Commerce Clause (latent)

Answer 4

States cannot regulate interstate commerce in certain ways. (inside out version of Commerce Clause)

Question 5

Dormant Commerce Clause & P&I Threshold question

Answer 5

Does the state or local government action discriminate against out of staters?

(See chart handout)