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Baldwin v. Fish and Game Commission of Montana

Supreme Court of the United States · 1978 · Constitutional Law

Constitutional LawPrivileges and Immunities ClauseEqual Protection ClauseState regulation of wildlifeArticle IVPrivileges and ImmunitiesEqual Protectionwildlife regulation

Facts

Montana allowed residents to buy an elk-only license for $4 in 1975 and $9 in 1976. Nonresidents who wanted to hunt elk had to buy expensive combination licenses costing $151 in 1975 and $225 in 1976, while a resident could obtain the same bundle of privileges for $30 in 1976. Montana maintained a large but finite elk population, and elk management and enforcement were costly; the State also experienced a sharp increase in nonresident hunting and evidence suggested distinctive enforcement problems associated with nonresident hunters. The nonresident appellants had hunted elk in Montana before and wished to continue doing so, and they challenged both the fee disparity and the combination-license requirement.

Issue

Does Montana's practice of charging nonresidents much higher fees and requiring them to buy combination licenses to hunt elk violate the Privileges and Immunities Clause of Article IV or the Equal Protection Clause of the Fourteenth Amendment? More specifically, is nonresident access to recreational elk hunting a fundamental privilege protected by Article IV, and if not, are the resident-nonresident distinctions nevertheless rational under equal protection?

Rule

Article IV's Privileges and Immunities Clause requires equal treatment of residents and nonresidents only with respect to privileges and immunities bearing on the vitality of the Nation as a single entity, such as basic and essential activities like pursuing a livelihood, owning and disposing of private property, and access to courts. Recreational elk hunting by nonresidents is not such a fundamental privilege. Where no fundamental interest is implicated, resident-nonresident distinctions in recreational hunting are judged under rational-basis review, and a State may employ economic classifications reasonably related to preserving a finite resource and advancing substantial regulatory interests without justifying the differential to the penny.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Wyoming allows residents to buy a weekend bighorn-sheep hunting permit for $40. Nonresidents may obtain the same recreational permit only by purchasing a seasonal package costing $480. The State explains that the sheep population is limited and that resident tax revenues support habitat management and enforcement in remote areas.

If nonresident hunters challenge the fee disparity under Article IV's Privileges and Immunities Clause, which is the strongest answer?

Explanation. Under the majority opinion, Article IV protects only privileges and immunities that are basic and essential to the Nation, such as pursuing a livelihood, owning property, and access to courts. Recreational big-game hunting is a leisure activity, not a fundamental privilege of that kind. Therefore, a resident preference in access to a finite wildlife resource does not violate the Privileges and Immunities Clause merely because nonresidents pay much more.