Privileges and Immunities

Question 1

14th Amendment Privilege OR Immunities Clause

Answer 1

a) Very limited application and primarily includes the right to:
i) Travel across state lines and establish residence in a new state;
ii) Petition Congress;
iii) Vote for federal offices;
iv) Assemble; and
v) Enter public lands

b) Corporations are not protected

Question 2

Article IV, Section 2 Privilege and Immunities (P&I) Clause

Answer 2

a) Prohibits states from discriminating against non-residents (based upon the fact that they do not reside in the state) with respect to rights and activities that are fundamental to the national union
i) Test: The state can discriminate if it is substantially related to a substantial state interest

b) Invalid forms of non-resident discrimination:
i) State statutes that require non-residents to pay a higher fee for commercial licenses;
ii) Commuter taxes that apply to non-residents, but not to residents;
iii) State statutes that only allow state residents to get abortions within the state; or
iv) State laws requiring employers to give hiring preference to state residents

c) Types of discrimination that have been upheld:
i) Requiring non-residents to pay higher fees for recreational licenses than residents
ii) When the purpose of discrimination is to preserve natural, state-owned resources

d) Corporations cannot assert these rights, as a corporation is not a citizen
i) A corporation can protect itself from such discrimination via the Dormant Commerce Clause