Tiago Splitter wrote:redblueyellow wrote:Tiago Splitter wrote:redblueyellow wrote:Tiago Splitter wrote:Kage3212 wrote:Any helpful ways to keep Equal Protection, Privileges and Immunities, Dormant CC, and Substantive Due Process Analyses straight?
Looking for easy to recognize fact patterns that will make it immediately apparent what should be used where. I know these things generally, but just curious if anyone has found anything particularly helpful in thinking about these tests.
Discriminating against out of staters? P&I Doesn't this also apply to under DCC if economic?
State Burdening Interstate Commerce? DCC
Treating Similarly Situated Citizens Differently? EQP
Being dicks? Substantive Due process
Yes unless there is Congressional approval or it falls under the market participant exception
Does that mean by default we'd have to write DCC and P&I? I guess you can skip P&I as to corps, but what if it's out of state people trying to drive through the state for any purpose (business or leisure), but have to pay an additional toll when entering solely because they're from out of state (in-staters can go in and out of the state with no penalty, or at least, a significantly smaller one)?
At that point, does it cease to become a P&I issue and solely a commerce clause/DCC thing?
No it would be both, and you'd have to write about both on an essay. But in that case both DCC and P&I require that it be necessary to achieve an important government purpose, so the standard is the same.
If it does not discriminate against out of staters you just look at whether the benefits outweigh the burdens to see if it passes DCC muster. P&I would not come in to play.
Thanks! Looks like I was originally confounding equal protection and P&I (14th?). But Article IV P&I does apply to out of state discrimination on "fundamental to unity" (all economic) and the test is the same for intermediate scrutiny, except that there's an addition of a prong describing out of staters as a "peculiar source of evil."