The commerce clause Flashcards
When can states discriminate against interstate commerce?
In the furtherance of a legitimate state interest, not for purely economic reasons
What must be shown in order for a discriminatory law violating the dorment commerce clause to not be struck down?
- The law achieved the benefits it claimed to
- There were no nondiscriminatory alternatives availible.
What is the full faith & credit clause?
requires states to give full effect to the “public acts” of other states, including court orders.
What is the privileges and immunities clause
if you grant P&I to your own citizens, then you need to grant them to out of state residents too. Only applies to fundamental rights or important economic activities.
What test is used when evaluating whether Congress has power to regulate interstate commerce
Rational basis
What does the dormant commerce clause do?
limits states’ ability to
* burden interstate commerce ;or
* discriminate against other states for economic purposes.
What does the commerce clause do?
Grants Congress sole power to regulate foreign, interstate, and Native American commerce.
The market-participant doctrine
a state that is acting as a buyer or seller may discriminate against out-of-state commerce
anti-commandeering doctrine
Congress is barred from commandeering and directing the actions of either a state’s legislature or its executive officers
What is commandeering?
Congress commandeers a state or local government if Congress directly orders the government or its officials to enact a specific policy or take a certain official action. A violation of the 10th amendment.
What is the Pike Balencing test?
A state law is valid if
1. The law has a legitimate goal
2. the law is rationally related to that goal
3. Burden on interstate commerce in not excessive when compared to the benefit
Used when there is even handed regulation (no facal discrimination)
Limits on the market participant exception.
the exception does not enable the state to regulate downstream transactions.
No regulation outside the market
The state is free to refuse to sell to out-of-state wholesalers on a discriminatory basis, but the state cannot reach downstream past that transaction to regulate with which entities wholesalers transact.
Can states regulate interstate commerce?
Yes, so long as it is not discriminatory or unduly berdensom you would use rational basis test.
Is a state law that only discriminates within its bourders consititutional?
Discrimination exclusively in-state is constitutional. Negative commerce clause only cares about discrimination between states.
What happens when a state regulation ends up incidentally disriminatory, rather that facally or purposfully?
When a state evenhandedly regulates for a legitimate local public interest, and its effects on interstate commerce are incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to putative local benefits.
