Privileges and Immunities

Question 1

What does the 14th Amendment’s Privilege or Immunities Clause protect?

Answer 1

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

Question 2

Are corporations protected by the Privilege or Immunities clause?

Answer 2

No, corporations are not protected

Question 3

What is the Privileges AND Immunities Clause?

Answer 3

Article IV, Section 2 (the privileges and immunities clause) 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

Question 4

What is the test for determining whether a state is abiding by the privileges and immunities clause?

Answer 4

The state can discriminate against non-residents if it is substantially related to a substantial state interest

Question 5

What are some examples of invalid forms of non-resident discrimination?

Answer 5

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; or
iii) State laws requiring employers to give hiring preference to state residents

Question 6

What are some types of discrimination against non-residents that have been upheld?

Answer 6

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