Federalism safeguards

Question 1

Dormant commerce clause: In absence of federal regulation, state or local gov’t may regulate interstate commercial activities, provided that the reg does not…

Answer 1

discriminate against or unduly burden interstate commerce

Question 2

Dormant commerce clause: state or local reg that discriminates against out of state economic actors or activities: before court will review, must first prove…

and must meet..

Answer 2

intentional discrimination (explicit, facially neutral applied discriminatively, discriminatory motive)

strict scrutiny

e.g. shielding in-state industries from out-of-state competition, hoarding state resources for in-state business, imposing higher taxes or fees on out-of-state interests than comparable in0state interests

Question 3

Dormant commerce clause: non-discriminatory regulation will be invalid if (balance)…

Answer 3

burdens on interstate commerce outweigh the benefits in furthering a legitimate gov’t interest

e.g. ban both in and out of state trucks over certain length

Question 4

Dormant commerce clause: state taxes that discriminate against out-of-state business will be subject to…

Answer 4

strict scrutiny

Question 5

Dormant commerce clause: non-discriminatory state taxes on out-of-state business will be valid only if (2 things)

Answer 5

1) taxed activity has a substantial nexus to the state

2) tax is fairly apportioned to apply only to the taxpayer’s busines activities within the state

Question 6

DCC question? always also look at..

Answer 6

privileges and immunities clause

Question 7

Privileges and immunities clause : state and local gov’t can’t EXPLICITLY discriminate against out of state citizens as to..

Answer 7

important commercial activities or civil liberties