Con Law Essay

Question 1

The Dormant Commerce Clause is a doctrine that

Answer 1

limits the power of states to legislate in ways that impact interstate commerce.

Question 2

If Congress has not enacted legislation in a particular area of interstate commerce, then the states are free to regulate, so long as the state or local action does not: (3)

Answer 2

1. discriminate against out-of-state commerce
2. unduly burden interstate commerce
3. regulate extraterritorial (wholly out of state) activity

Question 3

A state or local regulation discriminates against out-of-state commerce if it

Answer 3

protects local economic interests at the expense of out-of-state competitors

Question 4

When determining if a state regulation imposes an undue burden on interstate commerce, the courts will balance, case-by-case, the

Answer 4

objective and purpose of the state law against the burden on interstate commerce and evaluate whether there are less restrictive alternatives

Question 5

If a state or local regulation is discriminatory on its face or in practice, then the regulation may be upheld if the state or local gov can establish that (2)

Answer 5

1. an important local interest is being served
2. no other nondiscriminatory means are available to achieve that purpose

Question 6

If the state is a market participant, it may favor

Answer 6

local commerce or discriminate against nonresident commerce as could any private business