Toomer v. Witsell
E15620
Privileges and Immunities Clause case
United States Supreme Court case
constitutional law case
court case
Toomer v. Witsell is a 1948 U.S. Supreme Court case that significantly interpreted the Privileges and Immunities Clause by striking down discriminatory state licensing fees imposed on out-of-state commercial fishermen.
Statements (37)
| Predicate | Object |
|---|---|
| instanceOf |
Privileges and Immunities Clause case
→
United States Supreme Court case → constitutional law case → court case → |
| areaOfLaw |
constitutional law
→
federalism → interstate commerce and privileges and immunities → |
| citationStatus |
leading authority on Article IV Privileges and Immunities Clause
→
|
| constitutionalProvisionInterpreted |
Article IV Privileges and Immunities Clause
→
Article IV, Section 2, Clause 1 of the United States Constitution → |
| country |
United States
→
|
| court |
Supreme Court of the United States
→
|
| decisionDate |
1948
→
|
| discriminationType |
discriminatory licensing fees against out-of-state commercial fishermen
→
|
| holding |
South Carolina’s discriminatory licensing fees on out-of-state commercial shrimp fishermen violated the Privileges and Immunities Clause
→
States may not impose discriminatory burdens on nonresidents with respect to fundamental economic activities without substantial justification → The Privileges and Immunities Clause protects the right of citizens to pursue a common calling in other states on substantially equal terms → |
| impact |
became a leading precedent on economic rights protected by the Privileges and Immunities Clause
→
limited states’ ability to impose discriminatory licensing schemes on nonresidents → significantly clarified the scope of the Privileges and Immunities Clause → |
| legalIssue |
scope of the Privileges and Immunities Clause
→
state discrimination against nonresidents → validity of discriminatory state licensing fees → |
| party |
Toomer
→
Witsell → |
| protectedClass |
nonresident United States citizens
→
|
| relatedCaseArea |
cases limiting state discrimination against nonresidents in economic activities
→
|
| relatedDoctrine |
interstate equality of citizenship
→
state police power limits under the Constitution → |
| rightRecognized |
right of citizens to pursue a common calling in other states
→
right of nonresident citizens to be free from unreasonable economic discrimination by other states → |
| standardArticulated |
requirement that discrimination against nonresidents bear a close or substantial relationship to the state’s objectives
→
substantial reason test for discrimination against nonresidents under the Privileges and Immunities Clause → |
| stateInvolved |
South Carolina
→
|
| stateLawChallenged |
South Carolina statute regulating commercial shrimp fishing
→
|
| subjectMatter |
commercial shrimp fishing
→
state licensing fees → |
Referenced by (4)
| Subject (surface form when different) | Predicate |
|---|---|
|
Baldwin v. Fish and Game Commission of Montana
→
Hicklin v. Orbeck → United Building & Construction Trades Council v. Mayor and Council of Camden → |
relatedCase |
|
Privileges and Immunities Clause
→
|
keyCase |