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Question 1

PAI vs. P or I

Privileges and Immunities (Article 4) vs. Privileges or Immunities (14th A)

Answer 1

• PAI: Article 4 - prevents discrimination by states against out of state ppl regarding fundamental rights
• POI: 14th A - prohibits states denying their own citizens rights guaranteed by Constitution (i.e. Right to travel, redress of grievances, the right to vote for federal officers, and the right to enter public lands)
  • remember - b/c it’s an AMENDMENT it has to do with the Constitution and Constitutionally rights

Question 2

Federalism

Court almost never strikes down 10th A argument that federal regulation or tax are impacting state or local govt agencies. SO, MBE choice that says 10th A will invalidate federal action almost always WRONG

Question 3

Federalism

Although PAI and Dormant Commerce Clause may apply different standards and produce different results → they tend to reinforce each other

SO … ANALYZE BOTH in bar questions

Question 4

Procedural DP

The proper terminology for due process is entitlement

answers with right or privilege are wrong

Question 5

Substantive DP

When law limits liberty of all ppl usually substantive DP q

Question 6

EP and Substantive DPC

If law treats person or class of ppl differently then usually EP

analyze both EP and substantive DP for essays

Answer 6

EPC 14th A applies to state

DPC of 5th A has an equal protection component which can be applied to fed govt (because 14th A EPC not applicable fed govt)

Question 7

Congress - Tax

Congress powers to regulate tax is limited by individual liberties

Question 8

DCC, PAI

How are state/municipality police powers restricted

Question 9

EPC; DPC; Takings, 1st A

how is govt interfering with an individual right?

Question 10

Question Attack

Question attack

Question 11

Privileges and immunities q set 5 q 5

A state law prohibits physicians from practicing medicine within the state without a state license. Among other things, the grant of a state license requires a physician to have been a resident of the state for at least one year. A physician moved to the state from a nearby state and immediately applied for a license to practice medicine. Although otherwise qualified, the physician’s request for a license was denied based on the residency requirement. The physician brought suit, alleging that the residency requirement violated the United States Constitution.

Will the physician likely succeed?

Answer 11

Yes, because the requirement violates the Privileges or Immunities Clause of the Fourteenth Amendment.

the right to travel, and the Court has held that the right to travel includes the right of newly arrived citizens to enjoy the same privileges and immunities as are enjoyed by other citizens of the state. A state law that distinguishes between new residents solely on the length of their residency will serve no legitimate state interest.

Question 12

general welfare

Congress has no general welfare power; although, under the spending power, Congress may spend for the general welfare.