The Dormant Commerce Clause
Overview of Dormant Commerce Clause | Constitution Annotated
The so-called Dormant Commerce Clause may bar state or local regulations even where there is no relevant congressional legislation.
Dormant Commerce Clause - Wikipedia
The Dormant Commerce Clause is used to prohibit state legislation that discriminates against, or unduly burdens, interstate or international commerce.
Commerce Clause | Wex | US Law | LII / Legal Information Institute
The Dormant Commerce Clause refers to the prohibition, implicit in the Commerce Clause, against states passing legislation that discriminates against or ...
Dormant Commerce Power: Overview | U.S. Constitution Annotated
This aspect of the Commerce Clause, sometimes called the “dormant” commerce clause, means that the courts may measure state legislation against Commerce Clause ...
Foundations of Law - The Dormant Commerce Clause - LawShelf
The “Dormant” Commerce Clause ultimately means that because Congress has been given power over interstate commerce, states cannot discriminate against ...
Dormant Commerce Clause - State Power Project
This page provides a high-level introduction to the dormant Commerce Clause, and is not intended to be a thorough legal review of the doctrine's history.
ArtI.S8.C3.7.3 Early Dormant Commerce Clause Jurisprudence
The Supreme Court first described the principles that would become the dormant Commerce Clause doctrine in 1824.
Dormant Commerce Clause - Constitutional Law Reporter
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence.
The Dormant Commerce Clause and Moral Complicity in a National ...
The dormant commerce clause as a limit on state ethical innovation, arguing that state regulations that impose unique compliance costs may need to yield to a ...
Taming the Dormant Commerce Clause
The US Supreme Court has said there are implied limits on state regulations that interfere with interstate commerce. This is known as the dormant commerce ...
The Dormant Commerce Clause and the Constitutional Balance of ...
Through the passage of time, the dormant commerce clause doctrine has acquired a patina of legitimacy; the doctrine frequently is used by the judiciary to ...
The Commerce Clause of the Constitution gives Congress the authority to regulate commerce between states. The judge-made constitutional rules (case law) ...
Supreme Court Narrows Dormant Commerce Clause Protections ...
The US Supreme Court narrowed the right to challenge state and local laws that burden interstate commerce, upholding a California voter initiative that bans ...
The Dormant Foreign Commerce Clause After Wynne | Ruth Mason
The dormant Commerce Clause similarly limits states' powers to tax interstate and foreign commerce; in particular, it forbids states from discriminating against ...
Dormant Commerce Clause Constraints on Social Media Regulation
State social media laws such as the recently passed content moderation bans in Texas and Florida are unconstitutional because they violate the Dormant Commerce ...
How Can Businesses Use the Dormant Commerce Clause to Their ...
The Dormant Commerce Clause (DCC) prohibits California and other states from discriminating against interstate commerce.
The Dormant Foreign Commerce Clause After Wynne
This Essay surveys dormant foreign Commerce Clause doctrine to determine what limits it places on state taxation of international income, including both ...
The Dormant Commerce Clause & Extraterritoriality
With the extraterritoriality principle, the dormant Commerce Clause has now morphed from a narrow anti-discrimi- nation rule into a broad restriction on state ...
The Market Participant Test in Dormant Commerce Clause Analysis
The dormant commerce clause's proscription of economic protectionism is derived from the constitutional principle that "the State may not promote its own ...
Reconstructing the Dormant Commerce Clause Doctrine
In this Article, I argue that the alleged incoherence and unpredictability of the dormant Commerce Clause doctrine (DCCD) is rooted in the Supreme Court's ...