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

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

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

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

Lester Baldwin v. Fish and Game Comm’n of Montana (1978)

• Majority opinon of Justice Blackmun, joined by Burger, Stevens, Powell, Rehnquist, and Stewart

• Burger concurred• Brennan wrote a

dissent, joined by Marshall and White

Toomer v. Witsell (1948)

• Chief Justice Vinson wrote opinion of the Court

• Unanimous. 2 concurrences (Frankfurter and Rutledge)

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

Greenwich CT Island Beach

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