DCC & P&I

Question 1

DCC

what is the basic concept of dormant commerce clause

Answer 1

states may regulate local aspects of interstate commerce

Question 2

DCC

what laws are held unconstitutional under the DCC

Answer 2

laws that are facially discriminatory towards interstate commerce unless it is necessary to serve an important, non-economic state interest (if there are no reasonable alternatives available)

Question 3

DCC

even if a law is not facially discriminatory towards interstate commerce, when can a law not be upheld under the DCC

Answer 3

if the law is unduly burdensome; a law will be found invalid if the burden on interstate commerce outweighs the local interests

Question 4

DCC

what’s the balancing test employed to determine whether a law is unduly burdensome on interstate commerce

Answer 4

1. significance of the state’s interest
2. the degree of burden placed upon interstate commerce
3. whether there are less restrictive means available to achieve the state’s interest and supply a lesser negative impact on interstate commerce

Question 5

DCC

what is the market participant exception

Answer 5

allows a state to favor its own citizens when acting as a market participant by selling or buying goods, hiring labor, giving subsidies, etc. (applies to downstream restrictions)

Question 6

P&I

what is the purpose of the privileges and immunities clause

Answer 6

prohibits states from intentionally discriminating against nonresidents with respect to certain “fundamental” rights specifically recognized under this article

Question 7

P&I

what rights are included in the fundamental rights recognized by P&I

Answer 7

recognized on a case-by-case basis, and specifically include the right to pursue one’s trade

Question 8

P&I

what statutes are subject to be reviewed more carefully

Answer 8

statutes that discriminate against non-residents and their ability on commercial activities; distinguishably, restrictions of access to recreational activities are in general unprotected

Question 9

P&I

what must states show for differential treatment if a commercial interest is involved

Answer 9

state must show substantial justification
1. state must show that non-residents are the source, or at least a far greater source, of the problem that the state is seeking to solve
2. must show that there are no less restrictive means to solve the problem

Question 10

what is the big difference between P&I and protections of DCC

Answer 10

P&I only applies to persons, not corporations!!!