Find Court Cases > Baldwin v. Fish & Game Commission of Montana

Baldwin v. Fish & Game Commission of Montana

Case Date: 10/05/1977
Docket No: none

Facts of the Case 

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.

Question 

Did the Montana law violate the Privileges and Immunities Clause of the Constitution as delineated in Article IV, Section 2?

Argument Baldwin v. Fish & Game Commission of Montana - Oral ArgumentFull Transcript Text  Download MP3Baldwin v. Fish & Game Commission of Montana - Opinion Announcement  Download MP3 Conclusion  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

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.