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CONSTITUTIONAL LAW CLASS 24

CONSTITUTIONAL LAW CLASS 24. The Privileges AND Immunities Clause. The Big Picture. Constitutional limits on state laws Today: Privileges AND Immunities Clause Other bases for challenging state laws: Dormant Commerce Clause, Preemption of state laws,. Privileges AND Immunities Clause.

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CONSTITUTIONAL LAW CLASS 24

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  1. CONSTITUTIONAL LAW CLASS 24 The Privileges AND Immunities Clause

  2. The Big Picture • Constitutional limits on state laws • Today: Privileges AND Immunities Clause • Other bases for challenging state laws: Dormant Commerce Clause, Preemption of state laws,

  3. Privileges AND Immunities Clause • Article IV § 2: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States

  4. What are the “Privileges and Immunities of Citizens”? • Corfield v. Coryell (1823) • Case upheld a NJ law that barred nonresidents from gathering, raking, or dredging oysters in New Jersey

  5. United Building & Construction Trades Council v. Mayor and Council of Camden (1984) [C p 436] • Majority by: RehnquistJoined by: Burger, Brennan, White, Marshall, Powell, Stevens, O’ConnorDissent by: Blackmun

  6. Majority opinon of Justice Blackmun, joined by Burger, Stevens, Powell, Rehnquist, and Stewart Burger concurred Brennan wrote a dissent, joined by Marshall and White Lester Baldwin v. Fish and Game Comm’n of Montana (1978)

  7. Toomer v. Witsell (1948) • Chief Justice Vinson wrote opinion of the Court • Unanimous. 2 concurrences (Frankfurter and Rutledge)

  8. Supreme Court of New Hampshire v. Piper (1985) [C p. 439 • Majority opinion by Powell, joined by Burger, Brennan, Marshall, Stevens, O’Connor, and Brennan (White concurred separately) • Dissent by Rehnquist

  9. Greenwich CT Island Beach

  10. 2 situations where Court has largely applied P & I Clause • 1. Discrimination with regard to constitutional rights • 2. Discrimination with regard to important economic activities

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