In its licensing system for elk-hunters, the state of Montana required nonresidents to pay a substantially higher fee than residents for a hunting permit.
Did the Montana law violate the Privileges and Immunities Clause of the Constitution as delineated in Article IV, Section 2?
The Court affirmed the right of Montana to charge higher fees for out-of-state elk hunters. Justice Blackmun found that the Privileges and Immunities Clause only applied to activities which bear "on the vitality of the Nation as a single entity." Since elk hunting is a recreational activity and not fundamental to the survival of nonresidents of Montana, Blackmun argued that it did not fall within the scope of the protections guaranteed by the Constitution. "Equality in access to Montana elk is not basic to the maintenance or well-being of the Union," he concluded.
Decisions
Decision: 6 votes for Fish & Game Commission of Montana, 3 vote(s) against Legal provision: Article 4, Section 2, Paragraph 1: Privileges and Immunities Clause
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Full Opinion by Justice Harry A. Blackmun
