Privileges & Immunities Under Article IV, Section 2

Question 1

What does P & I under Article IV, Section 2 prohibit

Answer 1

prohibits states from discriminating against nonresidents (based upon the fact that they do not reside in the state) with respect to rights and activities that are fundamental to the national union

only to CITIZENS, so no CORPS

Question 2

Invalid forms for non-resident discrimination

Answer 2

1. Commercial licenses
2. Commuter taxes
3. Residency requirements on women seeking abortions
4. State law requiring employers give hiring preferences to state residents

Question 3

Permissible non-resident discrimination

Answer 3

1. Recreational licenses
2. discrimination against nonresidents will be given special consideration if its purpose is the preservation of natural, state-owned resources.

Question 4

1. Substantial justification exception for Comity Clause

Answer 4

• Applies if nonresidents are cause or part of problem state trying to solve, and
• No less-restrictive means to solve problem