Privileges and Immunities Clause Flashcards
What is the privileges and immunities clause?
The citizens of each State shall be entitled to all privileges and immunities of citizens in the several states.
The right to work and earn money. Other fundamental rights.
When can a state discriminates against out-of-staters?
A state can discriminate regarding a fundamental right or important economic activity only if it is closely related to a substantial government interest.
– Intermediate scrutiny
– dormant commerce clause is strict scrutiny
State can discriminate if:
- There is a substantial reason for the difference in treatment, and
- Discrimination practiced against nonresidents bears a substantial relationship to the state objective. (Piper)
What is the difference between dormant commerce clause and the privileges and immunities clause?
Privileges and immunities clause: – requires facial discrimination – no rights for corporations or noncitizen – no exceptions – intermediate (not strict) scrutiny
United Building v. City of Camden
Rule: city can make rules regarding employment and citizenship for companies working directly for the city. However, cannot extend those requirements the subcontractors.
City ordinance is the equivalent of the state law for purposes of privileges and immunities.
Political process – New Jersey citizens who do not like the rule can vote out the members who implemented. Out of staters do not have that protection.
Baldwin v. Fish and Game Commission of Montana
Recreation, sports, and hobbies are not privileges for the purposes of the clause.
Supreme Court of New Hampshire v, Piper
State Bar required members to be resident of the state. Piper lived 400 yards from the state border and was denied admittance to the bar after passing the bar exam.
Regulation violated the clause because the practice of law is important to the national economy.
The second amendment apply to just a militia, or to the individual?
D.C. v. Heller – individual rights to own a gun in the home
McDonald v. Chicago
Second Amendment applied to the states under the 14th amendment, due process clause.
Rights must be “incorporated” to apply to the states. Court must incorporate individual amendments. Generally fundamental rights.
Harper V. Virginia State Board of elections (voting rights)
Voting in state elections is a fundamental right. Strict scrutiny review.
Poll tax violates equal protection.
Richardson V. Ramirez
Constitutional to deny convicted felons the right to vote (14th amendment section 2)
Crawford B. Marion County election Board
Photo ID requirements are constitutional under balancing test because they’re not facially discriminatory and do not impose too much of a burden on voters.
