○ A state cannot pass a law that discriminates against interstate commerce (or international commerce). This interferes with the primary authority of Congress over interstate foreign commerce, and thus violates the Supremacy Clause Full faith and credit clause- "full faith and credit” shall be given in each State to the public acts, records, and judicial proceedings of every other State ● “I got you if you got me” ○ Exceptions: ■ Original court must have had jurisdiction ■ Judgement must not violate public policy of enforcement state Contract Clause- Intended to prevent states from changing the terms of existing contracts by passage of subsequent legislation ● Grandfather clause- New law applies only to transactions entered into after the effective date of the law ○ Exception if important state interest and action reasonably necessary to further the state interest Protecting Basic Rights ● 14 th amendment- the “catch all” ○ Privileges and immunities ● 14 th amendment- due process clause as a vehicle for applying almost everything in the Bill of Rights to state and local government ○ Doctrine of incorporation: almost all of Bill of Rights protections also apply to states ○ Exceptions ■ 1. The right to jury trial in civil cases ■ 2. The requirement that a person be indicted by a grand jury before being tried for a criminal offense ● Constitution place restrictions on government, not individuals/businesses ○ However, racial discrimination by a private employer or restaurant does not violate the equal protection clause, but does violate a federal statute- The Civil Rights Act of 1964 ■ We were able to get the Civil Rights Act because of commerce clause!!! Privileges and Immunities Clause · Established to prohibit states from discriminating against residents of other states merely because of their residency. Thus a state cannot prohibit travel by nonresidents within its borders, not can it deny nonresident plaintiffs access to its court system. - Alaska can’t only hire alaskans - But, state universities can change in-state tuition given tax base.
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