The Privileges and Immunities Clause Self-Quiz
Forest Gump’s
dream is to open a boutique chocolate store near the beach. He spends
several years in his home state of Missouri saving money for his venture.
When he has enough saved up to pay the store’s rent and the food
& beverage license filing fee, which is $500 according to his friend
in California, he finally makes his move. Upon arriving in California
he discovers that nonresidents must pay $7500 as a license filing fee,
rather than the $500 resident fee. Distraught and broke, Gump runs all
the way home to Missouri, but too broke to buy back his home there he
keeps running and running. When will Gump stop running?
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Following
the chocolate travesty Forest Gump decides to become a shrimper. He and
a friend incorporate Bubba-Gump Shrimp, Inc., in Delaware. Gump and his
friend are both residents of that state. They purchase a boat and travel
to Mississippi to begin shrimping, whereupon they are told that state
law requires that shrimping licenses for out-of-state corporations are
three times as much as for an in-state corporation. Having learned his
lesson from the chocolate business, Gump decides to fight instead of running.
What is the result of the suit claiming a Privileges and Immunities violation?
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Forest Gump
is destitute. Contrary to popular lore, every business venture he
has attempted has failed, not to mention the money he lost on horse
races and in the stock market. Fortunately, he is currently a resident
of Arkansas, which provides him with $1000 per month in unemployment
benefits. While this money goes quite a long way in Arkansas, he believes
he could live like a king on $1000 per month in Tennessee. Gump makes
the move, and is quickly disappointed to discover that the state of
Tennessee will give him only $52 per month in unemployment. He sues,
claiming that the Privileges and Immunities Clause requires Tennessee
not rob him of the benefits afforded him by Arkansas and must pay
the same $1000 per month. What is the result?
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Forest Gump
decides that if he can’t make a living selling chocolates or catching
shrimp, and if he can’t live on the unemployment check which he
now receives, he might as well learn to hunt for his own food. While Tennessee
does not have much wild game worthy of hunting for food, Montana does.
Gump plans to travel to Montana, obtain a hunting license, and shoot some
elk to feed him over the winter months. Upon arrival in Montana Gump finds
that hunting licenses for out-of-staters cost $500, while residents of
Montana can obtain a license for $13. Once again distraught Gump does
what he does best and files suit. Is this one finally a winner?
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The Privileges
and Immunities Clause protects individuals from discrimination from State
A if the individual:
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