Unconstitutional Discrimination in Choice of Law Flashcards
Privileges & Immunities Clause
a. The citizens of all states are entitled to the privileges and immunities of all states (excluding corporations or aliens).
Those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states
1) Fundamental rights include owning property, private employment, and rights to state benefits (welfare)
2) Balancing test: it is okay to discriminate if there is a good reason and the restrictions are on trivial rights
NH v. Piper (Lawyer admission)
the right to take an exam to enter a profession is a covered privilege; NH claimed its reason to discriminate was because lawyers are officers of the court and nonresidents shouldn’t be involved in state affairs. Rejected.
To violate P&I, must have a substantial reason for the difference in tx - must bear a substantial relationship to the state’s objective (test of substantiality)
