Privileges and Immunities

Question 1

Privileges and Immunities under the 14th

Answer 1

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

Question 2

Privileges and Immunities under the 14th applies to:

Answer 2

a) travel across state lines and establish up residence in a new state
b) to petition congress
c) to vote for federal offices
d) to assemble
e) to enter public lands

Question 3

Are corporations protected under the 14th amendment privileges and immunities clause?

Answer 3

no

Question 4

Privileges and Immunities , Article IV, Section 2

Answer 4

Sometimes referred to as Comity Clause. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

Question 5

P & I , Article IV, Section 2

Answer 5

This clause prohibits states from discriminating against non residents with respect to rights and activities that are fundamental to the national union.

Question 6

Invalid forms of non-resident discrimination

Answer 6

1) higher fee for commercial licenses
2) commuter taxes
3) abortion
4) hiring preference

Question 7

Types of non-resident discrimination that have been upheld

Answer 7

1) some statute requiring non-residents to pay higher fees for recreational licenses than residents
2) Discrimination again non-residents will be upheld if its purpose is the preservation of natural, state-owned resources.

Question 8

Test for non-resident discrimination

Answer 8

The state can discriminate if it is substantially related to a substantial state interest.

Question 9

Retroactive legislation: K clause

Answer 9

The contracts clause: No state shall pass any…law impairing the obligation of contracts.

Question 10

In determining whether a K may be modified the court will consider

Answer 10

1) the severity of the impairment; and

2) the importance of the public interests to be served

Question 11

Ex post facto law:

Answer 11

There are two in the constitution that prevent both the state and federal governments from passing retroactive criminal laws.
Article I, Section 9, clause 3: No…ex post facto law shall be passed
Article I, Section 10, Clause 1 provides: No state shall pass any,… ex post factor law

Question 12

In general, a statute violates the ex post facto clause if it:

Answer 12

1) makes criminal an act that was not a crime when committed
2) prescribes greater punishment for a crime after its commission
3) decreases the amount of evidence required for conviction; or
4) extends the SOL for a crime as to which the previously applicable SOL has already expired.

Question 13

Bills of attainder

Answer 13

a legislative act that inflicts punishment without a judical trial upon named individuals or any easily ascertainable group for past conduct