
Privileges and Immunities Clause
1. Definition – no state my deny the citizens of other states of the P’s and I’s it grants its own citizens
2. Two clauses
a. P & I clause of Article IV – usually the right choice
b. P & I clause of 14th amendment – always wrong unless the question involves the rt to travel
3. If the law does not discriminate against out of stater’s then the P & I clause is inapplicable
4. If the law does discriminate against out of stater’s the test is:
a. the law discriminates against out of staters
b. the discrimination is with regard to civil liberties or important economic activities (ie the rt to earn a living)
c. relief is not being sought by a corporation or alien
d. the discrimination must be necessary to achieve an important gov’t purpose
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