Structure of Government Legislative Power Federal-State Relations

Question 1

Facts: A New Jersey law prohibited the importation of most “solid or liquid waste which originated or was collected outside the territorial limits of the State.”

Answer 1

_City of Philadelphia v. New Jersey (1978)
Issue:_ Did New Jersey’s waste importation law violate the Commerce Clause?
Rule: Art. 1 Sec. 8 Clause 3 (dormant commerce clause)
Holding: The statute violates the principle of non-discrimination both on its face and by its effect. Protectionism measures can be unconstitutional for their means as well as their ends. Whatever the purpose of the statute, it may not be accomplished by discriminating against articles of out-of-state commerce, unless there is some reason, apart from their out-of-state origin, for doing so.

Question 2

Facts: In 1972, the North Carolina Board of Agriculture adopted a regulation that required all apples shipped into the state in closed containers to display the USDA grade or nothing at all. Washington State growers(whose standards are higher than the USDA) challenged the regulation as an unreasonable burden to interstate commerce. North Carolina stated it was a valid exercise of its police powers to create “uniformity” to protect its citizenry from “fraud and deception.”

Answer 2

_Hunt v. Wash. State Apple Ad. Com. (1978)
Issue:_ Did the North Carolina regulation violate the Commerce Clause by placing an unreasonable burden on interstate commerce?
Rule: Art. 1 Sec. 8 Clause 3 (dormant commerce clause)
Holding: The court invalidates the statute. The court says it could be discriminatory against Washington but it finds that it doesn’t need to do this as the statute does not pass the balancing test. Limited or no state benefit and a substantial burden on interstate commerce and thus federal law invalidates the statute. If the state says that a local company will receive a subsidy if they set up their manufacturing plant a certain way, then this is still non-discriminatory even though the state producers have a competitive advantage compared to other companies in states that do not give subsidies.

Question 3

Facts:

Answer 3

Pike v. Bruce Church (1970)

Question 4

Facts:

Answer 4

Raymond Motor Transportation, Inc. v. Rice (1978)