A state law requires all state employees to reside within the state's borders as a condition of employment. A long-term state employee who lives in a neighboring state and commutes daily challenges the law. Which of the following clauses is the most appropriate basis for the employee's challenge?
- AThe Privileges and Immunities Clause of Article IV.
- BThe Dormant Commerce Clause.
- CThe Equal Protection Clause of the Fourteenth Amendment.
- DThe Due Process Clause of the Fourteenth Amendment.
Show answer & explanationAnswer & explanation
Correct answer: A. The Privileges and Immunities Clause of Article IV.
The Privileges and Immunities Clause of Article IV prohibits states from discriminating against out-of-state citizens with respect to fundamental rights or essential activities. Public employment, particularly when it does not involve policymaking or high-level governmental functions, is often considered an essential activity. Residency requirements for state employment that discriminate against out-of-state citizens are typically subject to a heightened level of scrutiny and are often struck down unless the state can show a substantial reason for the discrimination and that the discrimination practiced against nonresidents bears a close relationship to that reason.
Why the other options are wrong
- B. The Dormant Commerce Clause deals with state laws burdening interstate commerce; while there's an economic effect, the primary issue is discrimination against citizens of other states, making P&I more direct.
- C. While there could be an equal protection argument, the Privileges and Immunities Clause is more directly applicable to discrimination against out-of-state citizens.
- D. The Due Process Clause primarily concerns procedural fairness or fundamental rights not covered elsewhere; while fundamental rights are involved, the specific discrimination against out-of-staters points to P&I.
Privileges and Immunities Clause (Article IV)
The Privileges and Immunities Clause of Article IV, Section 2, prohibits states from discriminating against citizens of other states with respect to fundamental rights or essential activities.
- Protects 'fundamental' rights/activities (e.g., right to pursue a livelihood)
- Applies only to *citizens* (not corporations or aliens)
- State discrimination must be justified by a substantial reason, and the means must be closely related
- Distinguish from Fourteenth Amendment P&I Clause (rarely used)
Memory trick: Privileges and Immunities: Don't deny citizens their rights when they come from other states.