Privleges and Immunities Clause

Question 1

Substantial Reason Test

Answer 1

Law discrimination against citizens of other states with respect to a fundamental right + “there is no SUBSTANTIAL REASON for the discrimination beyonf the mere fact that they are citrizens of other States” = normally unconstitution

TEST: Such law will be upheld if it is shown that:
1. There is a substantial reason for difference in treatment[e.g. non- citizens constitute a unique or peculiar source of evil at which the law is aimed] – AND
2. The discrimination is closelt related to the state’s objective, taking into account whether there are feasible less discriminatory or less restrictive ways of achieving the state’s goal.

Arguable not as exacting as that used under the dormand Commerce Clause to review state laws that discriminate against interstate commerce [rigourous scrutiny””]

Question 2

Are Corporations “citizens” of a state under Article IV 2

Answer 2

NO

Question 3

To be a citizen of a state, person must be

Answer 3

a domiciliary OR bona fide resident.

Must have taken up that residence with the intent to remain indefinitely.

Question 4

If state/local law discriminates with respect to PUBLICLY OWNED GOODS/RESOURCES –> The ct will apply

Answer 4

A RELAXED version of the substantial reason test under which the discrimation is likely to be upheld

Question 5

Dormant Commerce Clause V. P + I Clause

Answer 5

• Dormant Commerce Clause: Concerned with potential conflicts between “state regulation and federal regulatory authority”
• P + I Clause: Seeks to preserve “interstate harmony,” a concern that “cuts across the market regulator-market participant distinction that is crucial under the Commerce Clause”