Dormant Commerce Clause

E938882

United States constitutional law doctrine constitutional doctrine

The Dormant Commerce Clause is a constitutional doctrine inferred from the Commerce Clause that restricts states from enacting legislation that discriminates against or unduly burdens interstate commerce.

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Statements (53)

Predicate	Object
instanceOf	United States constitutional law doctrine ⓘ constitutional doctrine ⓘ
alsoKnownAs	negative Commerce Clause NERFINISHED ⓘ
appliesTo	interstate commerce ⓘ interstate services and transactions ⓘ interstate transportation of goods ⓘ local ordinances ⓘ state legislation ⓘ state regulations ⓘ
basedOn	Commerce Clause NERFINISHED ⓘ
controversy	federalism concerns ⓘ judicial activism concerns ⓘ
enforcedBy	U.S. Supreme Court NERFINISHED ⓘ
goal	preserve a national economic union ⓘ prevent economic Balkanization among states ⓘ
hasException	congressional authorization exception ⓘ congressional consent to state compacts ⓘ market participant exception ⓘ
inferredFrom	Article I, Section 8, Clause 3 of the U.S. Constitution NERFINISHED ⓘ
interpretationIssue	scope of state regulatory authority over commerce ⓘ
jurisdiction	United States of America ⓘ surface form: United States
keyCase	C & A Carbone, Inc. v. Town of Clarkstown NERFINISHED ⓘ Cooley v. Board of Wardens NERFINISHED ⓘ Dean Milk Co. v. City of Madison NERFINISHED ⓘ Gibbons v. Ogden NERFINISHED ⓘ Granholm v. Heald NERFINISHED ⓘ H.P. Hood & Sons, Inc. v. Du Mond NERFINISHED ⓘ Hughes v. Oklahoma NERFINISHED ⓘ Kassel v. Consolidated Freightways Corp. NERFINISHED ⓘ Maine v. Taylor NERFINISHED ⓘ Philadelphia v. New Jersey NERFINISHED ⓘ Pike v. Bruce Church, Inc. NERFINISHED ⓘ South Dakota v. Wayfair, Inc. NERFINISHED ⓘ United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority NERFINISHED ⓘ West Lynn Creamery, Inc. v. Healy NERFINISHED ⓘ
legalTest	Pike balancing test NERFINISHED ⓘ discrimination test ⓘ market participant exception analysis ⓘ
primaryFunction	restrict state regulation of interstate commerce ⓘ
prohibits	discriminatory effect on interstate commerce ⓘ discriminatory purpose in state economic regulation ⓘ economic protectionism by states ⓘ facial discrimination against out-of-state economic interests ⓘ state laws that discriminate against interstate commerce ⓘ state laws that unduly burden interstate commerce ⓘ
relatedConcept	Commerce Clause NERFINISHED ⓘ Privileges and Immunities Clause of Article IV NERFINISHED ⓘ Supremacy Clause NERFINISHED ⓘ federal preemption ⓘ state police powers ⓘ
sourceType	judicially created doctrine ⓘ
standardOfReview	balancing test for neutral laws with incidental burdens ⓘ strict scrutiny for discriminatory laws ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Cooley v. Board of Wardens → hasLegalIssue → Dormant Commerce Clause ⓘ