Constitutional Law 1 Quiz 7

Under the Dormant Commerce Clause the Pike Balancing Test is used for

• discriminatory laws

• non-discriminatory laws

• state action

• federal government regulations

Answer explanation

you determine if it is a violation of the Dormant Commerce Clause by applying the Pike Balancing Test (if the state law burden on interstate commerce outweighs the benefit, the law is deemed unconstitutional)

Privileges and Immunities Clause applies to which of the following:

Choose all that apply.

• only applies where a state is discriminating against citizens of other states

• only available to individuals who are U.S. citizens

• corporations nor aliens can use this clause

• protection is limited to situations where a state is discriminating against out of staters concerning a fundamental right and economic activity

• can discriminate against an out of stater if necessary to achieve a substantial govmt purpose

South Carolina had a statute that required shrimp boats owned by residents to pay a $25 license fee while out-of-staters paid $2500 for the same license fee. The fishermen who brought suit against the South Carolina official Witsell were all residents of GA who asserted this statute was not to conserve shrimp but to exclude non-residents and create a monopoly on the shrimp market in SC.

Does this state statute that discriminates against out-of-staters violate the Privileges and Immunities Clause

• Yes

• No

Answer explanation

The court explained the purpose of the Privileges and Immunities Clause is to ensure citizens of 1 state enjoy the same privileges of the citizens of another state. So states can not discriminate against citizens of another state just b/c they are not residents. However, if a state has a valid and independent reason for the discrimination and it is reasonably related then the discrimination is permitted.

Here, residents paid $25 for the fishing license and non-residents paid $2500 which was a substantial difference in the same fee. The court rejected the state’s argument that they wanted to conserve the shrimp supply and to eliminate excessive trolling. This reason was not reasonably related to why out-of-state fishermen were charged more for fishing fees.

Concerning the Privileges and Immunities Clause is fishing and hunting a fundamental right

• Yes

• No

Answer explanation

See Baldwin v. Montana, p. 496, text

When a question refers to someone earning a livelihood, they live in another state, and there is discrimination. Which doctrine should you focus on?

• Privileges and Immunities Clause

• Dormant Commerce Clause

• Commerce Clause

• Taxing and Spending Clause

a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed (makes the crime retroactively illegal); does not apply to civil cases

• Ex-post facto law

• Bill of Attainder

• discriminatory laws

limits Congress and the prohibition and the suspension of the Writ of Habeas Corpus and it also states that there will be no laws that constitute Bills of Attainder

• Article 1, Sections 9-10

• Article 3, Section 2

• Article 3, Section 3

Answer explanation

Article 1 = Legislative

Article 2 = Executive

Article 3 = Judicial

L.E.J.

all trials of crimes except impeachment shall be held by jury in the state where the act is committed

• Article 3, Section 2

• Article 3, Section 3

• Article 6

Answer explanation

Article 1 = Legislative

Article 2 = Executive

Article 3 = Judicial

L.E.J.

1.  no person can be convicted of treason except on the testimony of 2 witnesses or a confession; only the traitor is punished and not his whole family

• Article 3, Section 3

• Article 3, Section 2

• Article 6

Answer explanation

Article 1 = Legislative

Article 2 = Executive

Article 3 = Judicial

L.E.J.

If events subsequent to the filing of the case resolve the dispute then the court will dismiss the case. This is referred to as ___________.