con law: feb 23 2010 class notes

art. IV privileges and immunities. additional article.  
the two prong test to determine if out of state resident is being discriminated against (massey, p. 310 and 316):
1. does the discrimination connect to a reason?
2.

camden: this case is about the right to work. how can art. IV support this: "crucial to interstate harmony". what are examples of this?
- pursuit of job
- alienation
-

preemption.
the most direct is facial/express.
implied preemption: likely to not employ, because assumption is currently that the legislation has crafted laws to say/allow exactly what it comprehensively expects

consent.
is national power exercised?
if YES, is there preemption?
if NO, is there consent?
if YES to consent and/or NO to preemption = state may regulate interstate commerce

is national power exercised?
if NO, does the dormant commerce clause bar?
if NO = the state may regulate interstate commerce
if YES = exclusively national power

youngstown v. sawyer