CONSTITUTIONAL LAW W.B. Fisch, Fall 2003 Assignment #17
[Ch. 6. THE SCOPE OF STATE POWER]
5. Effect of Other Constitutional Provisions on State
Regulatory Power
A. The Privileges and Immunities Clause of Art. IV,
Section 2
The two "P&I" clauses: 14th Amendment s. 1 and
Art.
IV: what do they mean?
UNITED BUILDING & CONSTRUCTION TRADES COUNCIL V. CAMDEN,
p. 340.
What activity is the city regulating, and to what purpose?
Does the regulation discriminate against persons based on
their being citizens of other states? Does it do so in respect of a "fundamental
right"?
Does it matter that it is a city (municipal corporation)
rather than a state is doing the discriminating?
Does it matter that the discrimination also adversely affects
persons who are citizens (residents) of the same state, but of different
communities within the state?
How does this case compare with White?
Suppose the city imposed a residency requirement on city
employees as such?
would it constitute a citizenship-discrimination in respect
of a fundamental right?
would the market participant doctrine have a place here?
SUPREME COURT OF VIRGINIA V. FRIEDMAN, p. 370 (1988)
what regulation is being challenged, and on what ground?
what is the purpose of the regulation?
could Virginia require all persons to take and pass the Virginia
bar examination in order to be admitted to practice there?
would the decision have been different, if the plaintiff
had been a resident of Seattle licensed by the state of Washington, with
an active law office in that city?
what problems might such an applicant present to the Virginia
bar?
how could those problems be addressed, consistent with the
constitution?