Dormant Commerce Clause Flashcards Preview

MBE Con Law > Dormant Commerce Clause > Flashcards

Flashcards in Dormant Commerce Clause Deck (6)
Loading flashcards...

Under Dormant Commerce Clause...

States cannot discriminate against out of state goods or economic acts


When does the dormant commerce clause come into play?

Where Congress has not enacted legislation regulating interstate commerce


What is the dormant commerce clause?

Limitations imposed on a state when regulating local transactions affecting interstate commerce


When can a state discriminate against out-of-state goods or economic actors?

When the state shows that:

  1. The regulation serves a compelling interest; and
  2. The regulation is necessary to the compelling interest


What result if a state law merely incidentally burdens interstate commerce?


If state law incedentally burdens interstate commerces, the state must show:

Court will apply balancing test:


Law will be upheld, unless: burden imposed on interstate commerce clearly outweighs the local benefits


State must show:

  1. the regulation serves an important state interest
  2. the regulation does not pose an excessive burden on interstate commerce


Exceptions to Dormant Commerce Clause

  1. Congress may affirmatively authorize states to legislate in areas that would violate the dormant Commerce clause; and 

  2. when states act as market participants, they may discriminate between in-state and out-of- state businesses.