Dormant Commerce Clause

Question 1

A state law that discriminates against interstate commerce is unconstitutional unless

1. necessary to…
2. no reasonable….

Answer 1

A state law that discriminates against interstate commerce is unconstitutional unless

(1) it is necessary to further a legitimate, noneconomic interest

and

(2) no reasonable, nondiscriminatory alternative exists.

Question 2

A state law is not discriminatory when it treats in-state and out-of-state economic activities equally.

Under the Pike balancing test, a nondiscriminatory law will be upheld unless the challenger shows that the law’s burden on interstate commerce clearly exceeds its local benefits.

Answer 2

A non-discriminatory law is upheld unless the challenger shows that the law’s burden on interstate commerce clearly exceeds its local benefits.

Question 3

Non-discriminatory state requirements

Answer 3

The state law is nondiscriminatory if its requirements apply equally to interstate and intrastate carriers and the state’s transportation commission has no discretion in the permit process.