CON LAW LQ'S
Under the Privileges and Immunities Clause of Article IV, Section 2, __________. A corporations are protected as well as natural persons B states may not deny their own citizens rights of national citizenship Correct C states may not discriminate against nonresidents regarding fundamental rights D aliens are protected as well as citizens
Answer Discussion - Correct Under the Privileges and Immunities Clause, states may not discriminate against nonresidents regarding fundamental rights-i.e., those involving important commercial activities (such as pursuit of a livelihood) or civil liberties-absent a substantial justification: i.e., the state shows that nonresidents either cause or are part of the problem the state is attempting to solve, and that there are no less restrictive means to solve the problem. For example, states may not charge nonresident commercial fishermen substantially more for a license than they charge residents absent substantial justification. While it is true that states may not deny their own citizens rights of national citizenship, this rule comes from the Privileges or Immunities Clause of the Fourteenth Amendment rather than from the Article IV Privileges and Immunities Clause. Corporations are NOT protected as well as natural persons under the Article IV Privileges and Immunities Clause. The Clause has been held to extend only to natural persons. Aliens are NOT protected as well as citizens under the Article IV Privileges and Immunities Clause. The Clause has been held to extend only to citizens.
What does the Fourteenth Amendment Privileges or Immunities Clause protect? response - correct Correct A The rights of national citizenship B The rights of corporations C The rights of aliens D The rights of legal residents Answer Discussion - Correct The Fourteenth Amendment Privileges or Immunities Clause prohibits states from denying their citizens the rights of national citizenship, such as the right to petition Congress for redress of grievances, the right to vote for federal officers, the right to enter public lands, the right to interstate travel, and any other right flowing from the distinct relation of a citizen to the United States Government. Corporations, aliens, and legal residents are not citizens of the United States and are not protected by the Fourteenth Amendment Privileges or Immunities Clause.
What does the Fourteenth Amendment Privileges or Immunities Clause protect? response - correct Correct A The rights of national citizenship B The rights of corporations C The rights of aliens D The rights of legal residents Answer Discussion - Correct The Fourteenth Amendment Privileges or Immunities Clause prohibits states from denying their citizens the rights of national citizenship, such as the right to petition Congress for redress of grievances, the right to vote for federal officers, the right to enter public lands, the right to interstate travel, and any other right flowing from the distinct relation of a citizen to the United States Government. Corporations, aliens, and legal residents are not citizens of the United States and are not protected by the Fourteenth Amendment Privileges or Immunities Clause.
