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The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution. [1]
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.
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.
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 ...
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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)