Exam 2 Study Deck

Question 1

10th Amendment and State Sovereignty Cases

Answer 1

1-
2-
3-

Question 2

3 Modern Categories of the Modern Commerce Clause

Answer 2

1. State laws that facially discriminate against out of state commerce
   a. Almost always struck down (Pt 2 – 4)
   b. Exception: state acting as market participant
2. State laws that are facially neutral, as between in state and out of state interests, but have impermissible protectionist purpose or effect (Pt 5)
3. State laws that are facially neutral but that have a disproportionate adverse effect on interstate commerce
   a. depends on outcome of balancing test
   - It’s the dormant commerce clause because it’s not written explicitly, but it’s still there
   - Pertains to state/local actions not federal government actions

Question 3

Dormant CC 1 - State laws that facially discriminate against out of state commerce (how court rules and cases)

Answer 3

a. Almost always struck down (Pt 2 – 4)
b. Exception: state acting as market participant