Dormant Commerce Clause
E938882
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.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Dormant Commerce Clause canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T11647688 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Dormant Commerce Clause Context triple: [Cooley v. Board of Wardens, hasLegalIssue, Dormant Commerce Clause]
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A.
Indian Commerce Clause
The Indian Commerce Clause is a provision of the U.S. Constitution granting Congress exclusive authority to regulate trade and affairs with Native American tribes.
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B.
Indirect Tax Clause of the United States Constitution
The Indirect Tax Clause of the United States Constitution authorizes Congress to levy duties, imposts, and excises that are uniform throughout the United States, forming the basis for many federal consumption and transactional taxes.
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C.
Interstate Commerce Act anti-discrimination provisions
The Interstate Commerce Act anti-discrimination provisions were federal rules that prohibited unequal treatment of passengers and shippers by interstate carriers, forming a key legal basis for challenging segregation and other discriminatory practices in transportation.
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D.
Antimonopoly Act
The Antimonopoly Act is Japan’s primary competition law that prohibits monopolistic practices, unfair trade restraints, and abuse of market power to promote fair and free competition.
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E.
Reports on the relation of state incorporation laws to corporate concentration
"Reports on the relation of state incorporation laws to corporate concentration" is an early 20th-century investigative study by the U.S. Bureau of Corporations analyzing how differing state incorporation statutes influenced the growth and power of large corporations and trusts.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Dormant Commerce Clause Target entity description: 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.
-
A.
Indian Commerce Clause
The Indian Commerce Clause is a provision of the U.S. Constitution granting Congress exclusive authority to regulate trade and affairs with Native American tribes.
-
B.
Indirect Tax Clause of the United States Constitution
The Indirect Tax Clause of the United States Constitution authorizes Congress to levy duties, imposts, and excises that are uniform throughout the United States, forming the basis for many federal consumption and transactional taxes.
-
C.
Interstate Commerce Act anti-discrimination provisions
The Interstate Commerce Act anti-discrimination provisions were federal rules that prohibited unequal treatment of passengers and shippers by interstate carriers, forming a key legal basis for challenging segregation and other discriminatory practices in transportation.
-
D.
Antimonopoly Act
The Antimonopoly Act is Japan’s primary competition law that prohibits monopolistic practices, unfair trade restraints, and abuse of market power to promote fair and free competition.
-
E.
Reports on the relation of state incorporation laws to corporate concentration
"Reports on the relation of state incorporation laws to corporate concentration" is an early 20th-century investigative study by the U.S. Bureau of Corporations analyzing how differing state incorporation statutes influenced the growth and power of large corporations and trusts.
- F. None of above. chosen
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 ⓘ |
How these facts were elicited
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You are a knowledge base construction expert. Given a subject entity and a description of it, return factual statements that you know for the subject as a JSON list of dictionaries(triples), where keys must be "subject", "predicate" and "object". The number of facts may be very high, between 25 to 50 or more, for very popular subjects. For less popular subjects, the number of facts can be very low, like 5 or 10. # Requirements - If you don't know the subject at all, return an empty list. - If the subject is not a named entity, return an empty list. - Include at least one triple where predicate is "instanceOf". - Do not get too wordy. - Separate several objects into multiple triples with one object.
Subject: Dormant Commerce Clause Description of subject: 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.
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.