Interstate Relations

Question 1

Dormant Commerce Clause

Answer 1

existence of CC is such that states may not regulate commerce that falls within the scope of congressional power to regulate IC

Congress does not have to act in order for DCC to apply

state does not have to try/intend to regulate commerce. pre-emption is just about Congress’ superior power

Question 2

P/I Clause

Answer 2

each state must grant to the citizens of every other state the same treatment that the state gives its own citizens WRT matters that are Ps and Is

Question 3

state commerce

Answer 3

• if a state is a market participant, it may favor its own citizens
• states cannot discriminate against or unduly burden IC