Privileges and Immunities Clause

Question 1

Different from DCC

Answer 1

• Requires facial discrimination
• No rights for corporations or non-citizens
• No exceptions
• Intermediate (not strict) scrutiny

Question 2

Privileges and Immunities Clause

Answer 2

A state can discriminate against out-of-staters regarding a fundamental right or important economic activity only if it is closely related to a substantial government interest.