Tuesday, June 5, 2007

Con Law-Privileges & Immunities

4th Amendment Privileges and ImmunitiesThis clause prevents economic discrimination by one state against citizens or residents of another state unless substantial government justification exists.

Taxes can't be levied by states against income of nonresidents if residents are exempt.

Commercial license fees cannot discriminate against nonresidents.
Recreational license fees CAN discriminate against nonresidents because they are not "economic interest."

Durational residency requirements for dispensing government benefits are subject to strict scrutiny (but reasonable residency requirements for divorce and in-state tuition are ok).

Amendment 14 privileges & immunities is generally a wrong answer, but it was used by the Court in 1999 to strike down a state waiting period for welfare benefits: interference with right to travel freely from state to state which is a right of national citizenship.

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