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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]
The Commerce Clause describes an enumerated power listed in the United States Constitution ... Lessons for the Future of the Dormant Commerce Clause, Symposium: ...
State statutes that have a negative effect on interstate commerce are unconstitutional under the Dormant Commerce Clause.Justice Stewart used a balancing test.. Where the statute regulates evenhandedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in ...
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.
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 .
Wickard v. Filburn, 317 U.S. 111 (1942), was a landmark United States Supreme Court decision that dramatically increased the regulatory power of the federal government. It remains as one of the most important and far-reaching cases concerning the New Deal, and it set a precedent for an expansive reading of the U.S. Constitution's Commerce Clause for decades to come.
However, in 1990, the dye was prohibited in cosmetic products and topical drugs under the Delaney Clause, due to evidence linking it to cancer in animals, particularly rats.
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.