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The Dormant Commerce Clause, ... There are two notable exceptions to the dormant Commerce Clause doctrine that can permit state laws or actions that otherwise violate ...
Commerce Clause, Dormant Commerce Clause Reading Railroad Co. v. Pennsylvania , 82 U.S. (15 Wall.) 232 (1872), often known as the State Freight Tax Case , was a U.S. Supreme Court decision that ruled that the state of Pennsylvania violated the U.S. Constitution by imposing unjust taxes on interstate commerce .
The Supreme Court first promulgated the market participant exception to the negative commerce clause in Hughes v. Alexandria Scrap Corp. , [ 3 ] in which Maryland offered a "bounty" for destroying abandoned Maryland automobiles but effectively limited receipt of the bounty to in-state residents.
As to the Dormant Commerce Clause in particular, the Court clarified that, while not a pro tanto repeal, the Twenty-First Amendment nonetheless "primarily created an exception to the normal operation of the Commerce Clause". [40] In South Dakota v.
Rehnquist distinguished the Privileges and Immunities from the Dormant Commerce Clause by explaining that while the Dormant Commerce Clause is a judicially created doctrine to prevent economic protectionism, the Privileges & Immunities Clause is an actual Constitutional text to protect people’s rights. Thus, since the clauses have two ...
I § 8 cl. 3 (Commerce Clause), Dormant Commerce Clause Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon , 511 U.S. 93 (1994), is a United States Supreme Court decision focused on the aspect of state power and the interpretation of the Commerce Clause as a limitation on states' regulatory power.
Fourth Amendment does not provide a "murder scene exception" to the warrant-and-probable-cause requirement Parker v. Flook: 437 U.S. 584 (1978) Algorithms and patent law City of Philadelphia v. New Jersey: 437 U.S. 617 (1978) Dormant Commerce Clause prohibits banning importation of trash into a state United States v. John (1978) 437 U.S. 634 (1978)
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