Privileges & Immunities, Takings, and Prohibited Legislation

Question 1

Privileges + Immunities Clauses Distinguished

Answer 1

P & I of state citizenship under article 4 prohibits seriousd deicriminations against out of state individuals, chiefly regarding employement (14A P&I is never a good argument

Question 2

Takings Clause

Answer 2

General - private property shall not be taken for public use without just compensation

“Public Use” - anything the government wants to do with the propert, it need only be rationally related to a conceivable public purpose; includes taking private property to resell to another private owner for purposes of economic development

“Just Compensation” - fair market value at time of the taking

“Taking” - if there is a taking, then compensation is required; if there is a mere regulation on propery, compensation is not required even if the regulation reduces the value of the property

Economic Impact - adverse economic impact of government’s action does not necessarily mean there has been a taking (e.g., prison next door to residential home) but does not trigger compensation

Physical Occupation - required; if government physicall occupies property and triggers need for just compensation; even if tiny protion of corner of property is taking and requires compensation of that small portion

Zoning - not a taking ano compensation required so long as zoning advance legitimate interest and does not extinguish a fundamental attribute of ownership

Regulatory Taking - a zoning regulation can be considered a taking when it leaves no economically viable use for the property (rare)

Question 3

Prohibited Legislation

Answer 3

Bill of Attainder - bill of attainder is a legislative punishment imposed without judicial trial and is unconstitutional

Ex Post Facto Laws - unconstitutional to expand criminal liability retroactively, either by creating a new crime that applies retroactively to past conduct or by increasing the penalty for past conduct

Contact Clause -bars states from legislative impairment of existing contracts unless there is an overriding need

THESE ARE NOT OFTEN TESTED