STATE REGULATION AND TAXATION OF COMMERCE

Question 1

Rule for state statute that does not discriminate against out-of-state commerce

Answer 1

State statutes that do not discriminate against out-of-state commerce are generally constitutional unless they impose an undue burden on interstate commerce.

Although most state laws have been upheld in the face of a challenge based on the “undue burden” test, some laws have been found wanting because there are less restrictive alternatives.

Question 2

Rule for when Congress specifically permits states to violate DCC

Answer 2

Because Congress has exclusive authority over interstate commerce, it may explicitly permit states to act in ways that would otherwise violate the Dormant Commerce Clause.

Question 3

Twenty-First Amendment,

Answer 3

The Twenty-First Amendment, in addition to repealing prohibition, specifically gives states the authority to prohibit the transportation or importation of alcoholic beverages into the state for delivery or use within the state.