Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Editing Corfield v. Coryell
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 1: | Line 1: | ||
''Corfield v. Coryell'', 6 Fed. Cas. 546, (E.D. Pa. 1823) | |||
'''Facts''': A N.J. statute forbade anyone not "an actual inhabitant or resident" of the state to gather clams and oysters from the state's waters. | |||
'''Issue''': Is the N.J. statute a violation of the Privileges and Immunities Clause and did the law regulate interstate commerce in violation of the Commerce Clause? | |||
'''Holding''': No, the N.J. state law was permissible. The privileges that must be preserved are those that are fundamental; the fish within the state's waters were the common property of the state's citizens and it would be going too far to give equal right to non-residents under the privileges and immunities clause. | |||
*Protection by the government. | |||
*Right to acquire and possess property | '''Comments''': Fundamental privileges include: | ||
*Right to pursue and obtain happiness and safety, subject to police power | * Protection by the government. | ||
* Right to acquire and possess property | |||
* Right to pursue and obtain happiness and safety, subject to police power | |||
[[Category:Cases:Constitutional Law]] |