Toomer v. Witsell

E15620

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


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