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Term
privileges and immunities clause |
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article 4 section 2 us constitution "citizens of each state shall be entitled to all Privileges and Immunities of citizens in the several states" Prevents states from imposing unreasonable burdens on non resident citizens |
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Basic and essential activities must be recognized in foreign state under privilege and Immunities clause. What are the two requirements? |
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- Substantial reason for treating nonresident differently -Reason must be substantially related to state's ultimate purpose in adopting the legislation or regulating the activity |
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Full faith and Credit clause applies only to civil matters. True or Faluse |
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Full faith and credit clause |
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article 4 section 1 us constitution "full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state" |
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What are the Checks and balances? |
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Legislative branch- enacts laws but executive can veto Executive- responsible for foreign affairs but treaties require advice and consent of congress Judicial- congress determines the jurisdiction of federal courts, president appoints judges, judicial can hold actions of other two unconstitutional |
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"to regulate Commerce with foriegn nations and amoung the several states" It provides basis for the national governments extensive regulation of state and even local affairs. Federal government has control over INTERstate NOT INNERstate. |
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Dormant Commerce Clause is derived from the commerce clause. It implies a negative converse a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce |
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the constitution, laws and treaties of the United States are "the supreme law of the land" When there is conflict between federal law and state law state law is rendered invalid. Concurrent laws |
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a doctrine under which certain federal laws preemp or take precedent over conflicting state or local laws |
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