Privileges and immunities Flashcards
what does the privileges and immunities clause under 14th amendment do?
protects attributes of US citizenship and rarely applies
what are the two privileges and immunities clauses?
14th amendment privileges or immunities clause and the interstate privilesges and immunities clausee of article 4.
what does the article 4 provision of privileges and immunities clause do?
prevents some discrimination by states against non residents and is usually more relevant on bar exam.
what does the privilege and immunities clause of article 4 say?
the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states (so it prohibits discrimination by a state against non residents)
who is not protected by the article 4 privileges and immunities clause?
corporations and aliens are not CITIZENS of a state for purposes of the privileges and immunities clause
what rights are protected by the PI clause of 4th amendment
Prohibits discrimination by a state against non residents of the state when the discrimination concerns “fundamental rights” - rights relating to important “commercial activities” (pursuit of livlihood) or “civil liberties” however, it only applies of discrimination is “intentionally protectionist in nature” (i.e. out of state fishing license substantially more than resident license- 2500 v 25.00, or statute giving resident creditors priority over non resident creditors)
What is the substantial justification exception?
a state law discriminating against non residents may be valid if the state has a substantial justification for the different treatment, must show that non residents either cause or are part of problem they are trying to solve, and there is no less restrictive means to solve the problem.
what is the test for PI of 4th amendment?
applies to fundamental rights (commercial activities or civil liberties) which are not intentially discriminatory in nature (to non residents over residents)
except: when non residents cause or are part of a problem being solved or there is no less restrictive means to solve the problem
what is the relationship between 4th amendment PI and Commerce clause?
they both should be considered in similar questions, but watch for different standards and results
what is the dormant commerce clause?
state regulations that discriminate against interstate commerce to protect local interests are almost always invalid. They may only be valid if necessary to further “an important, non-economic state interest, and there are no reasonable alternatives to the regulation” (similar analysis to privileges and immunities)
explain the commerce clause
a state cannot discriminate against out of staters or favor in staters with respect to interstate commerce, not can they place an undue burden on interstate commerce. except when state is a market participant
what is market participant exception
when a state acts as a market participant, it can favor its own citizens over non citizens
when may a law, practice, or regulation be in violation of dormant commerce clause?
- if the law discriminates against out of state actors facially, in intent, or in effect OR
- even if it is facially neutral, it places an unreasonable burden on free flow of interstate commerce
when a law is facially neutral but may place undue burden, what is the test to figure out if there is an undue burden
balancing test between legitimate state interests versus degree of burden on interstate commerce
includes:
1. how substantial the burden
2. whether there is legitimate local purpose
3. is law’s purpose important enough to justify
4. whether there is less burdensome alternative.
