Question
Which of the following can be described as an unreasonable distinction under the Privileges and Immunities Clause? a Anout-of-state resident must pay higher tultion for an in-state public university In-state workers are hired before out-of state employees c Apolitician cannot run for office unless he or she lived in the State for a full year d In-state residents must pay taxes to raise money for the management of State game lands
Answer
4
(208 Votes)
Winston
Professional · Tutor for 6 years
Answer
b
Explanation
The Privileges and Immunities Clause in the U.S. constitution is designed to prevent a state from treating citizens of other states in a discriminatory manner. However, there are certain exceptions where it is deemed constitutional for a state to differentiate its treatment between its residents/citizens and those coming from out-of-state. Taking into account the options provided, a number of them reflect degrees of differential treatment without necessarily being viewed as violative of the principle 'derived from the clause': a. It is generally understood that public universities may charge higher tuition for out-of-state residents. This is because in-state residents' (or their parents') taxes already go towards subsidizing the costs of the university, so it is fair for out-of-state residents to be expected to bridge the shortfall.b. In-state workers being hired before out-of-state employees might fall into an ethical gray area but it's not an unreasonable differentiation of treatment.c. A politician cannot run for office unless he or she lived in the State for a full year. This condition mandates residency rather than being directly related to citizenship per se, hence it does not contravene the clause as it applies to any individual pondering a run for office, irrespective of their actual state of origin.d. In-state residents must pay taxes to raise money for the management of State game lands. Again, this involves a concern that has much to do with residency, given that benefits conferred by such (environmental stances) directly impact the local community, inclusive of those who've migrated.The question requires a variant that reasonably breached the clause.