Interstate Relations: The Neglected Dimension of Federalism

By Joseph F. Zimmerman | Go to book overview

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.


NOTES
1
Brainerd Currie and Herma H. Schreter, "Unconstitutional Discrimination in the Conflict of Laws: Privileges and Immunities", Yale Law Journal, Vol. 69, 1969, p. 1390.
2
The Federalist Papers ( New York: New American Library, 1961), pp. 269-70.
5
Ralph Ketcham, ed., The Anti-Federalist Papers and the Constitutional Convention Debates ( New York: New American Library, 1986), p. 303.
6
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.
7
United States v. Harris, 106 U.S. 629 at 643 ( 1882).
8
Austin v. New Hampshire, 420 U.S. 656 at 662, n. 8 ( 1975).
9
Toomer v. Witsell, 344 U.S. 385 at 396 ( 1948).
10
Corfield v. Coryell, 6 F.Cas. 546 at 551-2 (CC ED Pa., 1823).
11
Paul v. Virginia, 75 U.S. 168 ( 1868).
13
Antieau, "Paul's Perverted Privileges or the True Meaning of the Privileges and Immunities Clause of Article Four", P. 25.
14
Butchers' Benevolent Association v. Crescent City Live-Stock and Slaughter House Company, 83 U.S. 36 ( 1873).
19
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).
20
Hemphill v. Orloff, 277 U.S. 537 ( 1928).

-99-

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Interstate Relations: The Neglected Dimension of Federalism
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • 1 - Relations between States 1
  • Notes 13
  • 2 - Referee Role of the Supreme Court 17
  • Notes 29
  • 3 - Interstate Compacts and Agreements 33
  • Notes 55
  • 4 - Full Faith and Credit 59
  • Notes 81
  • 5 - Privileges and Immunities 87
  • Notes 99
  • 6 - Refidition of Fugitives from Justice 103
  • Notes 114
  • 7 - Interstate Economic Protectionism 117
  • Notes 136
  • 8 - Interstate Competition for Tourists, Sports Franchises, and Business Firms 141
  • Notes 158
  • 9 - Interstate Tax Revenue Competition 161
  • Notes 180
  • 10 - Formal and Informal Interstate Cooperation 185
  • Notes 207
  • 11 - Model for Improved Interstate Relations 213
  • Notes 233
  • Bibliography 237
  • Index 259
  • About the Author *
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