Constitutional Law

 

Freedom of Speech: A hallmark of our society is the 1st amendment, a doctrine on which our society is based; Or is it?

 

Presidential Powers: What are the powers and limitations of the chief executive of the Untied States?

 

Civil Liberties Attorney

Constitutional Law: Privileges and Immunities Clauses

Constitutional Law Under the Untied States Constitution there are 2 Privileges and Immunities clauses. Article IV Privileges and Immunities, which provides privileges under state citizenship. Whereas the 14th amendment Privileges and Immunities clause provides privileges of United States national citizenship. So what does that mean to me? Generally speaking, Article IV Privileges and Immunities is the applicable Privileges and Immunities clause under the constitution. Please find below a brief explanation of the 2 Privileges and Immunities clauses under the Untied States Constitution.

 

Article 4 Privileges and Immunities... Under Article IV Privileges and Immunities clause, the states are prevented from discriminating by one state against citizens of another state regarding basic economic rights and liberties. Article IV Privileges and Immunities does not apply to aliens or corporations. Compare Article IV Privileges and Immunities with the Negative (Dormant) Commerce Clause, which does not require discrimination of citizens from another state in order to apply, but does require a burden on interstate commerce to be applicable. Moreover, corporations and ailens can sue under the negative commerce clause. Furthermore, the Market Participant Doctrine may be applicable under a negative commerce clause analysis. The question then becomes is the govenment acting as a regulator or a market participant?

 

14th Amendment Privileges and Immunities... Generally speaking Article IV Privileges and Immunities is the applicable Privileges and Immunities clause as it applies to state citizenship. However, 14th Amendment Privileges and Immunities applies to national citizenship. The United States Supreme court has ruled, that the right to travel, which is governed by the 14th Amendment, includes the right of newly arrived citizens to enjoy the same privileges and immunities enjoyed by other citizens of the state. (Saenz v. Roe, 119 S.Ct. 1518). Under Saenz, the court struckdown a California law limiting welfare benefits to newly arrived residents under the 14th Amendment Privileges and Immunities Clause.

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