Legislative Powers - The Dormant Commerce Clause Flashcards
What is the rule of law that came from Cooley v. Board of Wardens?
In the absence of definitive congressional regulation, federal rules apply to business that requires uniformity of treatment among several states, and business characterized by local peculiarities is governed by legislative decisions passed by the states.
Because Congress was dormant the state can regulate this local matter
T/F
the Commerce Clause is more than an affirmative grant of power, and the states are still limited in exercising power in commerce?
True
What is the Cooley Test?
When the federal government has not regulated within the Commerce area, sometimes the states can regulate, and sometimes they cannot
What is the rule of law that comes from South Carolina State Highway Dept. v. Barnwell Bro’s?
When Congress has not acted, if a state regulation does not discriminate against interstate commerce and the state legislature has a rational basis for adopting the regulation based on safety or economic interests, the Court must defer to the judgment of the state legislature in holding the regulation constitutional.
Highways are of “purely local concern.” States are better equipped to evaluate safety concerns.
What is the rule of law that comes from Southern Pacific Co. v. Arizona?
In the absence of congressional legislation, when a state law purports to place equal burdens on interstate and intrastate commerce, but the practical effect of the state’s regulation places a greater burden on interstate economic interests, the judiciary may balance the relative burden on the interests and strike down the state law.
No big trains in Arizona violates the Dormant Commerce Clause.
What is the rule of law that comes from Philadelphia v. New Jersey?
STRICT SCRUTINY - A state may not discriminate against other states’ articles of commerce on the basis of origin
What is strict scrutiny?
When a state discriminates against interstate commerce on its face, purpose, or effect, the statute is per se invalid unless the state can demonstrate a legitimate state interest that is pursued in the least restrictive alternative (ecological harm)
What is the Pike Balancing Test?
Judicial review determining whether the incidental burden imposed on interstate commerce is clearly excessive in relation to the generally considered local benefits of a statute.
When should the pike balancing test be used?
when a statute regulates even-handedly (or with no discrimination on its face, purpose, or effect) then use the balancing test.
How should the pike balancing test be employed?
Weigh the burden on interstate commerce with the state interest
presume the state interest is legitimate unless the burden is clearly significant
What was the rule of law that came from Hunt v. Washington State Apple Advertising?
A facially neutral statute still violates the Commerce Clause if it discriminates against interstate commerce in practice (effect and purpose)
What was the rule of law that came from Exxon Corp v. Governor of Maryland?
Under the Commerce Clause, a state may enact legislation that creates hardships for some interstate companies operating in the state, provided the statute does not discriminate against or unduly burden interstate commerce
Does the Dormant Commerce Clause protect particular interstate companies?
no, it only protects the interstate commerce market generally
What was the rule of law that came from Minnesota v. Clover Leaf Cremery Co.?
A state law that has the practical effect of discriminating against interstate commerce will not be struck down unless the burden it places on interstate commerce is clearly excessive in relation to the general local benefits it confers.
Here, there are major in-state winners and losers, which will hold them politically accountable.
What was the rule of law that came from West Lynn Creamery Inc. v. Healy?
A regulation violates the Commerce Clause if the combination of a tax and subsidy discriminates against interstate commerce, even if each component would be constitutional if separated.
