Privileges and Immunities Flashcards
Privileges and Immunities of Article IV Section 2
Comity Clause - citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
Prohibits states from discriminating against non residents with respect to activities that are fundamental to the union
Comity refers to respect among soverigns
Privileges and Immunities under the 14th Amendment
P&I of the 14th has limited applicability and includes the primary right to travel to another state and establish residence.
Applies to Citizens - not corporations
Examples of invalid non resident restrictions
Denial of Commercial Licenses
Commuter taxes
Abortion restricted to residents
Employment
Valid non resident restriction examples
Recreational licenses
In state natural resources
Test for discrimination against non-state residents
The restriction must be SUBSTANTIALLY related to a SUBSTANTIAL state interest.
A simple desire to treat locals favorably is not a substantial state interest.
Corporations may not assert privileges and immunities protections
Contract Clause
Applies only to state legislation, not court decisions.
Does not apply to the federal government.
Court will look to the severity of the impairment of the contract
vs
the importance of the public interest
NO STATE SHALL PASS A LAW IMPAIRING CONTRACTS
Ex Post Facto Laws
New Crimes
Increased Punishment
Reduction in evidentiary standards
Longer statute of limitations
Bills of Attainder
Elements
Legislation Punishment Without Trial Named individuals or designated group For past conduct
Contrast Bills of Attainder with Ex Post Facto Laws
EPF will not single out and individual or group
BoA will not involve a trial
Can corporations assert protections under the privileges and immunities clause
No. P&I applies to citizens only
