A strong case can be made for the use of the Privileges and Immunities Clause
to eliminate durational residency requirements which are longer than simple residency requirements, for the practice of several professions, such as dentistry,
medicine, and ophthalmology, by individuals who demonstrate their scientific
competence through testing. These requirements simply add a monopolistic element to each profession and protect resident practitioners.
Whereas the Full Faith and Credit Clause and Privileges and Immunities Clause
protect the rights of individuals, the Interstate Rendition Clause of the U.S. Constitution seeks to ensure that persons charged with crimes do not escape justice
by fleeing to another state. Chapter 6 examines the origin of the clause and its
interpretation by the U.S. Supreme Court.
Brainerd Currie and
Herma H. Schreter, "Unconstitutional Discrimination in the
Conflict of Laws: Privileges and Immunities", Yale Law Journal, Vol. 69, 1969, p. 1390.
The Federalist Papers ( New York: New American Library, 1961), pp. 269-70.
Ralph Ketcham, ed., The Anti-Federalist Papers and the Constitutional Convention
Debates ( New York: New American Library, 1986), p. 303.
Chester J. Antieu, "Paul's Perverted Privileges or the True Meaning of the Privileges
and Immunities Clause of Article Four", William and Mary Law Review, Fall 1967, pp. 1-2.
United States v. Harris, 106 U.S. 629 at 643 ( 1882).
Austin v. New Hampshire, 420 U.S. 656 at 662, n. 8 ( 1975).
Toomer v. Witsell, 344 U.S. 385 at 396 ( 1948).
Corfield v. Coryell, 6 F.Cas. 546 at 551-2 (CC ED Pa., 1823).
Paul v. Virginia, 75 U.S. 168 ( 1868).
Antieau, "Paul's Perverted Privileges or the True Meaning of the Privileges and
Immunities Clause of Article Four", P. 25.
Butchers' Benevolent Association v. Crescent City Live-Stock and Slaughter House
Company, 83 U.S. 36 ( 1873).
Bank of Augusta v. Earle, 38 U.S. 519 ( 1839). The court rendered a similar decision
relative to the Privileges and Immunities Clause of the Fourteenth Amendment in Orient
Insurance Company v. Daggs, 172 U.S. 561 ( 1899).
Hemphill v. Orloff, 277 U.S. 537 ( 1928).
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Interstate Relations:The Neglected Dimension of Federalism.
Contributors: Joseph F. Zimmerman - Author.
Place of publication: Westport, CT.
Publication year: 1996.
Page number: 99.
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