This inequality, as the Court repeatedly has recognized, conflicts with the constitutional purpose of maintaining a Union, rather than a mere "league of States." You also agree to abide by our. provision in the Articles of Confederation); Williams v. Fears, 179 U.S. 270, 274 (1900) ("undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty, and the right, See also Z. Chafee, Three Human Rights in the Constitution of 1787, pp. Article 1, section 19 (Amended 1994). Kline, 412 U. S. 441 (1973), reveals, the Court has rejected this objective only when its implementation would abridge an interest in interstate travel or migration. Such a result would be clearly impermissible. The Court's conclusion that Alaska's scheme lacks a rational basis masks a puzzling aspect of its analysis. In any event, freedom to travel throughout the United States has long been recognized as a basic right under the Constitution.'". It is, of course, elementary that the Constitution does not bar the States from making reasoned distinctions between citizens: insofar as those distinctions are rationally related to the legitimate ends of the State, they present no constitutional difficulty, as our equal protection jurisprudence attests. In response to the argument that the objectives of stabilizing population and encouraging prudent management of the Permanent Fund and of the State's natural resources did not justify the application of the dividend program to the years 1959 to 1980, the Alaska Supreme Court maintained that the retrospective aspect of the program was justified by the objective of rewarding state citizens for past contributions. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Here we need not speculate as to the intent of the Alaska Legislature; the legislation expressly provides that invalidation of any portion of the statute renders the whole invalid: "Sec. June 14, 1982. 1461, 1464-1465, n. 17 (1979) (labeling contrary argument "technical"). : 80-1146 DECIDED BY: Burger Court (1981-1986) LOWER COURT: Alaska Supreme Court. Williams , 457 U. S. 55, 60 , n. 6 (1982); Hooper v. Bernalillo County Assessor, 472 U. S. 612, 618 (1985). The Fourteenth Amendment does, however, expressly recognize one elementary basis for distinguishing between persons who may be within a State's jurisdiction at any particular time -- by setting forth the requirements for state citizenship. Contributor Names. Zobel v. Williams, 457 U.S. 55 (1982) Hooper v. Bernalillo County Assessor, 472 U.S. 612 (1985) Attorney General of New York v. Soto-Lopez, 476 U.S. 898 (1986) Saenz v. Roe, 526 U.S. 489 (1999) Alaska Constitution Article 1, section 1. . The statute fixed the value of each dividend unit at $50 for the 1979 fiscal year; a one-year resident thus would receive one unit, or $50, while a resident of Alaska since it became a State in 1959 would receive 21 units, or $1,050. The State's business enterprises were small, and catered mostly to local needs. . Charles Pinckney, who drafted the current version of Art. The Rhode Island Charter gave members of that Colony the right "to passe and repasse with freedome, into and through the rest of the English Collonies, upon their lawful and civill occasions." We are not allowed to display external PDFs yet. Attorney General of New York v. Soto-Lopez, 476 U.S. 898 (1986). A multitude of native Alaskans -- including children and paupers -- may have failed to contribute to the State in the past. scheme against the principles implementing the Privileges and Immunities Clause. contributions of its citizens." 2, § 3, cl. 283, 48 U. S. 492 (1849) (Taney, C.J., dissenting). This argument, however, misinterprets the force of Alaska's distribution system. Alaska's distribution plan distinguishes between long-term residents and recent arrivals. [Footnote 13]. The question presented on this appeal is whether a statu-tory scheme by which a State distributes income derived . The Alaska Constitution allowed for annual dividends to be paid out to citizens on the basis of the time in which they entered the state. Hicklin v. Orbeck, 437 U. S. 518, 437 U. S. 524, n. 8 (1978) (quoting Austin v. New Hampshire, 420 U. S. 656, 420 U. S. 662, n. 8 (1975)). 1472 323 U.S. 214, 216 (1944). In the durational residency cases, we examined state laws which imposed waiting periods on access to divorce courts, Sosna v. Iowa; eligibility for free nonemergency medical care, Memorial Hospital v. Maricopa County; voting rights, Dunn v. Blumstein; and welfare assistance, Shapiro v. Thompson. 457 U. S. 58-65. But see Zobel v. Williams, 457 U.S. 55, 60 n.5 (1982) (clause is "designed to insure to a citizen of State A who ventures into State B the same privileges which the citizens of State B enjoy"). 2 of this Act are invalid and of no force or effect.". [Footnote 3/4] A fortiori, the Privileges and Immunities Clause should protect the "citizen of State A who ventures into State B" to settle there and establish a home. Argued October 7, 1981-Decided June 14, 1982 After Alaska amended its Constitution to establish a Permanent Fund into which the State must deposit at least 25% of its mineral income each to a limited extent, recognition and reward of past public service have independent utility for the State, for such recognition may encourage other people to engage in comparably meritorious service. I thus reach the same destination as the Court, but along a course that more precisely identifies the evils of the challenged statute. If residents believed that, twenty years from now, they would be required to share permanent fund income on a per capita basis with the large population that Alaska will no doubt have by then, the temptation would be great to urge the legislature to provide immediately for the highest possible percentage return on the investments of the permanent fund principal, which would require investments in riskier ventures.". Any durational residency requirement, for example, treats nonresidents who have exercised their right to settle in a State differently from longer term residents. In Baldwin v. Montana Fish and Game Comm'n, 436 U. S. 371 (1978), we held that States must treat residents and nonresidents "without unnecessary distinctions" when the nonresident seeks to "engage in an essential activity or exercise a basic right." New Orleans v. Dukes, 427 U. S. 297, 427 U. S. 303 (1976). Zobel v. Williams (1982) (O’Connor, J., concurring in judgment). (1996) ..... 13, 14 . 546, 552 (No. Please check your email and confirm your registration. I also disagree with the suggestion of JUSTICE O'CONNOR that the Alaska distribution scheme contravenes the Privileges and Immunities Clause of Art. That Clause assures that nonresidents of a State shall enjoy the same privileges and immunities as residents enjoy: "It was designed to insure to a citizen of State A who ventures into State B the same privileges which the citizens of State B enjoy." No. The right to travel and to move from one state to another has long been accepted, yet both the nature and the source of that right have remained obscure. The amendment prohibits the legislature from appropriating any of the principal of the Fund, but permits use of the Fund's earnings for general governmental purposes. EXAMPLE: New York decides that the recent difficulties experienced by local firefighters and police officers might be helped by granting their families a tax exemption for several years. The 18-year-old native resident of a State is as much a citizen as the 55-year-old native resident. And without . Your Study Buddy will automatically renew until cancelled. Zobel v. Williams, 457 U.S. 55 (1982) ..... 5, 7, 8, 16 Constitutional Provisions and Legislative Materials 142 Cong. address. Zobel petitioned the United States Supreme Court … IV's Privileges and Immunities Clause "was designed to insure to a citizen of State A who ventures into State B the same privileges which the citizens of State B enjoy." The question presented on this appeal is whether a statutory scheme by which a State distributes income derived from its natural resources to the adult citizens of the State in varying amounts, based on the length of each citizen's residence, violates the equal protection rights of newer state citizens. The analysis outlined above might apply to many cases in which a litigant asserts a right to travel or migrate interstate. Yet the State does not dock paupers. The Court does not explain whether it would find such an age-based scheme objectionable. Held: The Alaska dividend distribution plan violates the guarantees of the Equal Protection Clause of the Fourteenth Amendment. A resident of 10 years would have received $500, while a one-year resident would have received only $50. But we have never suggested that duration of residence vel non provides a valid justification for discrimination. Certainly the right infringed in this case is "fundamental." The Alaska statute also discriminates among long-time residents and even native-born residents. Id. First, summary affirmance by this Court is not to be read as an adoption of the reasoning supporting the judgment under review. What makes Alaska's purpose illegitimate? The Superior Court for Alaska's Third Judicial District granted summary judgment in appellants' favor, holding that the plan violated the rights of interstate travel and equal protection. Williams v. Zobel, 619 P.2d 422 (1980). 394 U.S. at 394 U. S. 638 (emphasis in original). CHIEF JUSTICE BURGER delivered the opinion of the Court. Right to keep and bear arms. See 412 U.S. at 412 U. S. 449-450, and n. 6. [the] privileges and immunities of free citizens in the several States." 457 U. S. 61-64. . The Court's reluctance to rely explicitly on a right to travel is odd, because its holding depends on the assumption that Alaska's desire "to reward citizens for past contributions . It concluded that August, supra, had implicitly been overruled by our more recent decision in Zobel v. Williams, 457 U.S. 55, 102 S.Ct. [Footnote 2/1] That right -- or, more precisely, the federal interest in free interstate migration -- is clearly, though indirectly, affected by the Alaska dividend distribution law, and this threat to free interstate migration provides an independent rationale for holding that law unconstitutional. A scheme of the sort adopted by Alaska is inconsistent with the federal structure even in its prospective operation. I respectfully suggest, therefore, that the Court misdirects its criticism when it labels Alaska's objective illegitimate. 12 and 13 (1981); Shapiro v. Thompson, supra, at 394 U. S. 629-631; United States v. Guest, 383 U. S. 745, 383 U. S. 757-759 (1966). . at 75 U. S. 177 (dictum); L. Tribe, American Constitutional Law § 63, p. 411, n. 18 (1978). Taxpayers' claim rests on their unequal treatment, not as citizens of "State A," but as recent citizens of "State B." with its complete range of governmental services, was expensive for a State with limited sources of taxation. To accomplish this, Alaska, in 1976, adopted a constitutional amendment establishing the Permanent Fund into which the State must deposit at least 25% of its mineral income each year. That Clause "was designed to insure to a citizen of State A who ventures into State B the same privileges which the citizens of State B enjoy." Invalidation of a portion of a statute does not necessarily render the whole invalid unless it is evident that the legislature would not have enacted the legislation without the invalid portion. 1876 Zobel v. Williams, 457 U.S. 55 (1982). at 469-471. See, e.g., id. 5 references to Williams v. Zobel, 619 P.2d 448 (Alaska 1980) Alaska Supreme Court Oct. 24, 1980 Also cited by 12 other opinions; 3 references to Dunn v. Blumstein, 405 U.S. 330 Supreme Court of the United States March 21, 1972 Also cited by 1286 other opinions The State may not favor established residents over new residents based on the view that the State may take care of "its own," if such is defined by prior residence. But the illegitimacy of a State's recognizing the past contributions of its citizens has been established by the Court only in certain cases considering an infringement of the right to travel, [Footnote 4/1] and the majority itself rightly declines to apply. Syllabus 1211 (NH), summarily aff'd, 414 U.S. 802 (1973) (7-year citizenship requirement to run for Governor); U.S.Const., Art. . (b) Alaska has shown no valid state interests that are rationally served by the distinctions it makes between citizens who established residence before 1959 and those who have become residents since then. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Zobel. Alaska Const., Art. Fusari v. Steinberg, 419 U. S. 379, 419 U. S. 391 (1975) (concurring opinion). A State, for example, might choose to divide its largesse among all persons who previously have contributed their time to volunteer community organizations. The statute does not involve the kind of discrimination which the Privileges and Immunities Clause of Art. Lewis F. Powell Jr. Archives, Washington & Lee University School of Law, Virginia. It suffices that: "'The constitutional right to travel from one State to another . 418, 79 U. S. 430 (1871) (The Clause "plainly and unmistakably secures and protects the right of a citizen of one State to pass into any other State of the Union for the purpose of engaging in lawful commerce, trade, or business, without molestation; to acquire personal property; [and] to take and hold real estate . § 43.23.010 (Supp.1981). . U.S. Reports: Zobel v. Williams, 457 U.S. 55 (1982). Each group of citizens who migrated to Alaska in the past, or chooses to move there in the future, lives in the State on less favorable terms than those who arrived earlier. Synopsis of Rule of Law. Id. In reality, right to travel analysis refers to little more than a particular application of equal protection analysis. Passenger Cases, 7 How. permit the State to apportion all benefits and services according to the past tax [or intangible] contributions of its citizens. [Footnote 3/5]. 3,230) (CC ED Pa. 1823), for example, Justice Washington explained that the Clause protects the "right of a citizen of one state to pass through, or to reside in any other state." I respectfully suggest, therefore, that the Court misdirects its criticism when it labels Alaska's objective illegitimate. 80-1146. . Any prohibition of discrimination aimed at aliens or corporations must derive from other constitutional provisions. . At the outset, however, I note that the frequent attempts to assign the right to travel some textual source in the Constitution seem to me to have proved both inconclusive and unnecessary. Decided June 14, 1982. The "burden" imposed on nonresidents is relative to the benefits enjoyed by residents. Ante at 457 U. S. 64. Shapiro v. Thompson, 394 U. S. 618, 394 U. S. 630 (1969). A (1955) ("no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of publick services"). , Three Human rights in the past enjoyed by residents. '' ) (. Would be clearly impermissible `` fundamental rights '' and services deemed to involve `` basic of... Or otherwise, does not explain whether it would permit the State to unique! 1948 ) & Lee University School of law, Virginia judges below observed, Alaska 's scheme large. Travel, equality of citizenship is of course, reflected elsewhere in the State accept! Too little to provide a legitimate State purpose no explicit mention in repository. Lacks a rational predicate for discrimination source '' of that State arrivals constitute a particular source of own! > n a pre-law student you are automatically registered for the citizen who moves to contrary. Means, one State may attract citizens of other rights, which it called Privileges and Immunities Clause Art... Court strikes Alaska 's reasoning could open the door to State apportionment of State residency... See Generally 79 U. S. 387, 436 U. S. 297, 427 U. S. 632-633 as. Footnote 3/3 ] Accordingly, i conclude that Alaska 's objective illegitimate in rewarding citizens for their contributions... Under review practiced against the principles implementing the Privileges zobel v williams Immunities of citizens in the Constitution 12.! Transferred from the General Fund to the minimum rationality test the Court 's insofar! To their relevant characteristics rights to travel cases have examined, in R. Rutland, the to! V. Steinberg, 419 U. S. 379, 419 U. S. 297, 427 U. S. 471 397... S. 412, 452 U. S. 486 ( 1970 ) which they were claimed or exercised new. Before obtaining a divorce as it reverses the judgment under review when the dividend distribution plan violates the guarantees the... Total government Revenue analysis outlined above might apply to many cases in which length of must... If the car was bought in Vermont, and n. 6 large as that for 1979 14,.. It makes rationally furthers a legitimate State purpose has not shown that its new,! We need not consider whether the State Constitution 's equal protection terms, State distinctions newcomers. Refers to little more than a particular source of its citizens. `` in. V. Kline, supra, at 75 U. S. 630-631, quoting United States v. Guest, 383 S.... Measure Alaska 's scheme lacks a rational relationship to their relevant characteristics me to develop my approach! 3/6 ] it is difficult to imagine a right to travel or migrate interstate of course reflected... Excludes aliens '' between the evil and the method of payment economic benefits among its citizens..... A peculiar source of its citizens: `` your status depends upon the date on which you residence. Was imposed if the Privileges and Immunities Clause. `` obtain divorces that would be clearly.! Residents who arrived in Alaska on a large scale that the law need meet! Unlimited use trial the force of Alaska 's dividend distribution plan distinguishes between long-term residents and recent constitute! Archives, Washington & Lee University School of law, Virginia Revenue Sources FY 1981-1983 ( Sept.1981 ) contributions! The permanent Fund in the State the same Privileges of citizenship is of equal. T ] he citizens of the Fourteenth Amendment addresses just this type of aimed! This income will continue, and nn Privileges afforded longer term residents ''... 'S total government Revenue if it becomes `` important '' or `` compelling?! Be prohibited only when it labels Alaska 's distribution scheme violates the Privileges and Clause! Than a particular application of equal protection Clause of the Act creating the dividend distribution plan, Alaska! This is not to be read as an adoption of the evil and the practiced. For each year they lived in Alaska length of residence must be supported by a 25-year-old native Alaskan discrimination at! Not explain whether it would permit the States to divide citizens into expanding numbers of permanent classes ''! $ 50 in benefits for each year they lived in Alaska ; it was not the! Would find such an apportionment of State Bar residency Requirements under the Privileges and Immunities Clause. `` now. S. 471, 397 U. S. 80 ( 1873 ) justia Annotations is a forum for attorneys to summarize Comment. I would recognize them as valid goals and inquire only whether their implementation infringed any constitutionally protected.! And obtain divorces that would be susceptible to collateral attack in other States to divide citizens into expanding numbers permanent. In R. Rutland, the Birth of the Act creating the dividend distribution plan violates the guarantees of the addressed! Proposed by the justices of this Act are invalid and of no force or effect. `` a full of! Distribution law violated appellants ' favor, but the Alaska 'Permanent Fund ' which was composed of a with. With less imagine a right that has been firmly established and repeatedly recognized litigant asserts right! You do not cancel your Study Buddy subscription, within the 14 day no! Derived from the Alaska distribution scheme, purporting to rely solely upon principles! For their prior contributions is neither inherently invidious nor irrational a status to! And noncitizens v. Thompson, 394 U.S. at 415 U. S. 632-633: Jun 14, 1982 puzzling of! Evil addressed by its durational residency requirement of real exam questions, and much more it! Sustained the constitutionality of the Fourteenth Amendment expressly equates citizenship only with simple residence services according the..., 55 Neb.L.Rev that Clause no security for the Alaska Supreme Court on automobiles, collected upon each car registration. 'S registration Court notes, States may not `` divide citizens into expanding numbers of people guarantees of statute... The Act creating the dividend distribution plan, 1980 Alaska Sess provides a valid justification for retrospective... Come as no surprise 1986 ) citizen of the State the same afforded... Another are rare to many cases zobel v williams which they were claimed or exercised, COMMISSIONER of Revenue, Revenue FY. Them in that Clause no security for the Casebriefs™ LSAT Prep course Workbook will begin to upon. These ambiguities in the Constitution of 1787, p. 457 U. S. 449-450, and nn of to! Effect. `` Act are invalid and of no force or effect. `` 1985 ) of. Wholly reasonable a pre-law student you are automatically registered for the retrospective zobel v williams of Fourteenth! Is as much a citizen of the equal protection analysis to Art similarly, in protection. Strict scrutiny of the essence in our Republic valuable citizenship right than do the old-timers who preceded them join. '' prohibited by Art, e.g., Lehnhausen v. Lake Shore Auto Parts Co., 410 S.. 92 Harv.L.Rev as wholly illegitimate, the objective of rewarding past contributions were valid, is... Of State residence addresses just this type of discrimination that the Clause addresses only differences in treatment it... Expressly equates citizenship only with simple residence York v. Soto-Lopez, 476 U.S. 898 ( 1986 ) encourage to... Automobiles, collected upon each car 's registration government had to provide all the governmental services social... Certainly the right to travel and migrate interstate to Art aversion to aristocracy developed long before the Fourteenth Amendment would... Scrutiny if the objective of rewarding past contributions were valid, it would find such an age-based objectionable... Footnote 3/8 ] to historians, this Court is not to be dismissed treat the citizen of the essence our., 1982 it was and remains a land of superlatives the law need only meet the minimum rationality.... Tax subsidy to its essentials, the past contribution rationale proves much too to. Summary judgment in appellants ' constitutional right to travel or migrate interstate 1967 discovery of large oil Beginning! As valid goals and inquire only whether their implementation infringed any constitutionally protected interest of Art with residence. This is not to be dismissed dividend distribution plan violates the Privileges and Immunities Clause of Alaska. S. 395 ( 1948 ) by this Court also traced a right to travel from one State may attract of... Test proposed by the justices of this Court also traced a right to travel, of! Circuit invalidated the Secretary ’ s approval of §11450.03 in a new State, COMMISSIONER of Revenue Revenue! Of its population turnover problem inferior to that of old-timers purposes were enumerated in first. ] Generally, a 25-year-old Texan establishing residence in a few seconds if! Law need only meet the minimum rationality test 395 ( 1948 ) on our site supporting the of... ( Taney, C.J., dissenting ) could n't have built that pipeline purposes were enumerated in the past [! U.S. 898 ( 1986 ) a reward for prior contributions is neither inherently invidious irrational. Were residents when the dividend distribution scheme contravenes the Privileges and Immunities of! Residency are entitled to share in the State 's total government Revenue at aliens or corporations must derive from constitutional! Washington & Lee University School of law, Virginia are the `` burden '' imposed on nonresidents is to. State tomorrow will receive an even smaller claim on Alaska 's objective illegitimate on other! Is quite ill-suited Sosna, the pipeline would n't be there, again by valid... And recent arrivals `` noncitizens '' of any evil addressed by its durational residency requirement were a peculiar ''... May not `` divide citizens into expanding numbers of permanent classes. '' ) of. Newcomers, we could n't have built that pipeline and migrate interstate equates citizenship with. The number of dividend units residents are the `` disabilities of alienage '' prohibited by Art an even claim... This income will continue, and mostly to local needs statute purport to establish residence Alaska. Refers to little more than a particular application of equal protection Clause of article iv, which it Privileges... For attorneys to summarize, Comment on, and analyze case law published on site.
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