American Constitutionalism in Historical Perspective (packet)

Right of Interstate Movement:

1. 
   Privileges & Immunities: guarantee in Art. IV, sec. 2, which requires states not to discriminate between residents and non-residents w/ regard to benefits. Protection of human rts not limited to the Bill of Rights, Reconstruction Congress was self-consciously invoking previously recognized rights. Moving in this direction to expand protection of basic human rights.
   
2. 
   Negative Commerce Clause: requires states to justify any undue burden on interstate commerce. The court will not rest on this ground b/c Congress could consent to the burden.
   
3. 
   Equal Protection: rt of movement is a basic rt needed to ensure equal protection. Any burden that effects interstate mobility is undue. Once court grounds the right here, in Marbury core, no congressional override.
   
4. 
   Cases:
   
   1. 
      Saenz v. Roe: court struck down state welfare regulation that limited welfare benefits for new residents to what they had received in their former state.
      
   2. 
      Shapiro v. Thompson: court struck down state welfare regulation imposing residency requirements for qualification for benefits. The states purpose was to ebb the flow of welfare recipients from states with lower benefits.
      

Education:

1. 
   History of property taxes funding stems from desire to assure parental control over ed. Parental involvement is indicator of children taking ed seriously. Prob was that property rich districts will tax themselves more b/c they have more resources than property poor districts. To try to equalize this disparity, state gives school system some money (foundation plan).
   
2. 
   But in Edgewood district (poor), taxed 1%+ foundation plan =$333/child whereas Alamo Heights (affluent) taxed .85% for $330/child +foundation plan=$594/child. Diff in tax burden and the amt per child are the inequities sued over. San Antonio Indep. School Dist. v. Rodriguez, 1973: upheld the state ed resource allocation scheme as constitutional. These issues are best left to local control.
   
   1. 
      Powell: suspect classification analysis is not the way to conceptualize this issue b/c poverty is not a suspect class and education is not a fund rt.
      
      1.