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Constitutional Law

 

Guy had been a State X resident and held a license to guide upon the lake for the purpose of fishing for “river salmon.” On most weekends and holidays, Guy would guide a small boatload of persons desiring to fish on the lake. Two years ago, Guy moved his domicile from State X to adjoining State Y Solely because he had become a non-resident, Guy’s annual application for renewal of his license was recently refused.Guy commenced a suit in State X contending that the entire State X statute is unconstitutional. He has been unsuccessful in the state courts and his case is now before the United States Supreme Court for decision on the merits. Assume Guy has preserved all constitutional claims.

(1) Does Guy have standing to assert claims of the unconstitutionality of Sections 1 and 2 of the State X statute? Discuss.

(2) Assuming that Guy has standing, what claims of unconstitutionality might Guy reasonably assert with respect to the entire Act, and how should they be resolved? Discuss.
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