KEYWORDS: Commerce Clause, Equal Protection, Privileges and Immunities, Interstate Commerce, fireworks, explosives, regulation, constitutional law
SUBMITTED BY:
Paul Lux,
none, Penn Law grad '06, 07/28/2006
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DESCRIPTION:
Some states have laws that prohibit the use of fireworks and the sale of
fireworks to state residents, but allow the sale of fireworks to
out-of-state residents if they promise to carry the fireworks out of the
state within a set period. For example, Illinois (which prohibits the sale
and use of fireworks) is surrounded by states that essentially allows the
sale of fireworks only to Illinois residents that promise to break Illinois
law.
The regulations do not discriminate against out-of-state residents, but
against in-state residents. Does it violate the Privileges and Immunities
Clause to discriminate against in-state residents? If it does violate the
Constitution, how could it be challenged?