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7 Cards in this Set

  • Front
  • Back

P&I Clause

Prevents states from discriminating against OOS's with respect to some of the privileges of citizens

P&I's of citizenship (fundamental rights)

1. Protection by the gov't


2. Enjoyment of life and liberty


3. Right to acquire/possess property


4. Pursue/obtain happiness and safety



First step of P&I test

Is there discrimination?



Second step of P&I test

Is affected party a citizen? (has to be a citizen)

Third step of P&I test

Does law concern a fundamental right

Discrimination is allowed where (1)

Is there a substantial reason for the discrimination?

Discrimination is allowed where (2)

Is the discrimination substantially related to the gov't interest? (least restrictive means)