Baldwin v. Fish & Game Commission 436 U.S. 371 (1978)
BALDWIN v. FISH & GAME COMMISSION 436 U.S. 371 (1978)
The Supreme Court, 6–3, sustained Montana's exaction of a substantially higher elk-hunting license fee for nonresidents than for residents. Temporarily abandoning the approach of toomer v. witsell (1948), the Court said that the privileges and immunities clause of Article IV of the Constitution protected citizens of other states only as to fundamental rights, a category that did not include the "sport" of killing elk. Toomer 's approach returned four weeks later in hicklin v. orbeck (1978), but the Court in Hicklin neither overruled nor distinguished Baldwin.
(See residence requirements.)
Kenneth L. Karst
(1986)
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Baldwin v. Fish & Game Commission 436 U.S. 371 (1978)
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Baldwin v. Fish & Game Commission 436 U.S. 371 (1978)