Privileges & Immunities
Constitutional Law · Lesson 09
Privileges & Immunities
這一課問的是：州是否對他州公民在「重大事項」上有所歧視？且能否提出實質理由？
Actor
Act
Object
Standard
Consequence
Issue · what this lesson is really about
Has a state discriminated against citizens of other states in matters of fundamental concern — and can it justify the difference?
這一課問的是：州是否對他州公民在「重大事項」上有所歧視？且能否提出實質理由？
Trigger words & phrases that should flag this issue:
non-residentfundamental rightemploymentcommercial fishingessential activities
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
Art IV §2 P&I
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Citizens of each state entitled to all privileges and immunities of citizens of several states.
第四條 P&I 條款。
fundamental concern
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Activities involving livelihood, civil liberties, basic rights.
重大事項。
substantial justification
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State must offer substantial reason for discrimination.
實質理由。
no corporations
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Art IV §2 P&I protects natural persons, not corporations.
僅自然人。
14th Am P&I
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Narrowly construed since Slaughter-House.
第十四 P&I（狹隘）。
Rule Sentence · the workhorse
Under the Article IV Privileges and Immunities Clause, a state may not discriminate against citizens of other states in matters of fundamental concern (livelihood, civil liberties) unless it shows substantial reason for the discrimination and a substantial relation between the discrimination and that reason.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人state州
Act 行為discriminating歧視
Object 對象citizens of other states他州公民
Standard 法律標準fundamental concern + substantial justification重大事項 + 實質理由
Consequence 後果statute upheld or struck維持或廢棄
Casebook Snapshot · a real American case
Toomer v. Witsell
Holding. South Carolina's license fee of $25 for state residents and $2,500 for non-residents to shrimp in state waters violated the Privileges and Immunities Clause; the State failed to show a substantial reason for the disparity, as the non-residents were the source of the resource being protected.
Why it matters. P&I Clause is the workhorse against economic discrimination against non-resident natural persons.
Toomer：對外州自然人之執照費歧視違反 P&I。
Common Mistakes · what trips students
✗ Art IV §2 保護法人。
✓ Protects natural persons only.
僅自然人。
✗ 14th Am P&I 廣闊保護民權。
✓ Narrowly read since Slaughter-House.
Slaughter-House 後狹隘。
Mini IRAC · build the Application
Issue. Does a state law requiring lawyers to be state residents to qualify for admission to the state bar violate Article IV's Privileges and Immunities Clause?
Rule. A state may not discriminate against non-residents in matters of fundamental concern, including the practice of a profession, without substantial reason for and substantial relation to the discrimination.
Application (model). The state's residency requirement bars non-residents from practicing law in the state. Because the right to practice one's profession is a fundamental concern protected under Art IV §2 P&I and the state must offer substantial justification with substantial relation, the fact that the state's interests in attorney accountability and competence can be served by non-discriminatory means (CLE, malpractice insurance, registered agents) means the residency requirement is not substantially related to a substantial reason.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the residency requirement violates Article IV's Privileges and Immunities Clause.
MBE Check · multiple choice
State X requires that 75% of construction workers on state-funded public works projects be State X residents. P, a non-resident worker, sues. Likely result?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: