Priviliges & Immunities

Question 1

Privileges & Immunities

Answer 1

The privileges and immunities clause prohibits one state from discriminating against the citizens of another state. (doesn’t apply to corporations or aliens). Out-of-state citizens are protected against discrimination with respect to any fundamental rights or essential activities.

b) However, discrimination against out-of-state citizens may be valid if the state can show a substantial reason for the difference in treatment. A substantial reason exists if:
1) the out-of state citizens either cause or are part of the problem the state is trying to solve; and
2) there are no less restrictive means to solve the problem.