AL Bar Practice Questions - Alabama Bar Examination Exam

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A state law requires a license to engage in a profession and imposes a one-year, in-state residency requirement before a person may apply. A recent arrival challenges the residency requirement. Under the Privileges and Immunities Clause of Article IV and the right to travel, how is the requirement likely analyzed?

It is automatically valid because states control licensing It is suspect because durational residency requirements can penalize the fundamental right to travel and discriminate against nonresidents, requiring substantial justification It is governed solely by the Contracts Clause It is per se valid under the Tenth Amendment

Correct Answer:

It is suspect because durational residency requirements can penalize the fundamental right to travel and discriminate against nonresidents, requiring substantial justification

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