Constitutional Law: Federalism: Article IV privileges and immunities

  • Article IV privileges and immunities – no state may deny citizens of other states of the privileges and immunities it accords its own citizens.
    • RULE: Prevents 1 state from discriminating against citizens of another state regarding basic economic rights and activities.
    • EX: SC required license fee of $25 for any resident to obtain commercial shrimp fishing license. But, non-SC citizens had to pay $2,500. This violates the privileges and immunities clause.
    • EX: MT charges residents $9 for recreation hunting license. Out-of-staters had to pay $225 for the same license. Court upheld this law because this involves recreational (not commercial) interest.
    • EX: Piper v. NH. Piper lives in White River Junction, VT; wanted to sit for bar in NH. NH said Piper had to satisfy a 6 month residency requirement. Law invalid because it was discriminatory.
    • MBE: For Art. IV Privileges and Immunities to be a correct answer on MBE:
      • Look for economic discrimination against “citizens” or residents”
      • 90% of the time Art IV P & I is an incorrect answer because F.P. dealing with economic discrimination is generally a commerce clause issue.
    • Note: Neither corporations, nor aliens are deemed citizens for P & I purposes.