State Regulation of Commerce

Question 1

Comity Clause

Answer 1

There can be no legal requirement of RESIDENCY for private employment

States cannot require that you live or reside in the state to work in the state

Question 2

Comity Clause Exception

Answer 2

Public employment can require residency requirements

Question 3

Dormant Commerce Clause

Answer 3

In the absence of federal regulation, state regulation of commerce is valid so long as it does not:

(1) DISCRIMINATE against out-of-state commerce;
(2) UNDULY BURDEN interstate commerce (use balancing test) ; or
(3) Regulate WHOLLY OUT-OF-STATE activity

Question 4

Dormant Commerce Clause: State as Market Participant

Answer 4

Exception to no discrimination against out-of-state commerce

When a state is buying or selling goods/services, it CAN to choose to deal with only in-state persons

Question 5

Dormant Commerce Clause: Subsidies

Answer 5

Exception to no discrimination against out-of-state commerce

State can choose to subsidize only its own citizens

Question 6

Dormant Commerce Clause: Federal Approval

Answer 6

Exception to no discrimination against out-of-state commerce

Congress authorizes or consents to state regulation of commerce