Comparison of Dormant Commerce Clause and Privileges and Immunities Clause of Article IV, § 2

Dormant Commerce Clause	Privileges & Immunities Clause of Article IV
outlaws both laws that discriminate against interstate commerce and laws that are nondiscriminatory but unduly burden interstate commerce without sufficient offsetting benefits based on the principle that the economic unit is the nation	only outlaws laws that discriminate against nonresidents of a state based on the principle that the economic unit is the nation
protects both individuals and artificial entities such as corporations	protects only flesh and blood individual nonresidents
states acting as market participants are exempt from the limits of the Dormant Commerce Clause	states acting as market participants are not exempt from the limits of the Privileges and Immunities Clause of Article IV, § 2
both state laws as well as local ordinances can violate the Dormant Commerce Clause	both state laws as well as local ordinances can violate the Privileges and Immunities Clause
protects interstate commercial activity	protects nonresidents in the exercise of fundamental privileges and immunities of state citizenship which are rights that are essential to interstate harmony such as commercial activity
to justify discrimination against interstate commerce the state must show there is a significant difference between interstate and local commerce as with the baitfish in Maine v. Taylor	to justify discrimination against nonresidents the state must show that nonresidents are a peculiar source of the evil at which the law is aimed
only allows discrimination against interstate commerce if no alternative non-discriminatory means are available to achieve legitmate ends	only allows discrimination against nonresidents if there is a substantial reason for the difference in treatment and the degree of discrimination is closely related to the state's objective
protecting the economic interests of the state from out-of-state competetion is not a legitimate interest that justifies discrimination under the Dormant Commerce Clause	preserving jobs for residents by discriminating against nonresidents has not been found to be an illegitimate interest under the Privileges and Immunities Clause, at least where unemployment is high
Congress can authorize states to regulate in ways that would be impermissible under the Dormant Commerce Clause because the Clause is a federalism provision and not a rights provision.	The Privileges and Immunities Clause is a rights provision and, therefore, arguably Congress may not authorize states to violate the Clause.