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A "negative" or "dormant" component to the Commerce Clause has been the subject of scholarly discussion for many decades. [28] Supreme Court Justices Antonin Scalia [29] [30] and Clarence Thomas [31] have rejected the notion of a Dormant Commerce Clause.
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 C&A Carbone, Inc. v. Town of Clarkstown, New York , 511 U.S. 383 (1994), was a case before the United States Supreme Court in which the plaintiff , a private recycler with business in Clarkstown , New York , sought to ship its non- recyclable waste to cheaper waste processors out-of-state.
Tennessee Wine and Spirits Retailers Association v. Thomas, No. 18-96, 588 U.S. 504 (2019), was a United States Supreme Court case which held that Tennessee's two-year durational-residency requirement applicable to retail liquor store license applicants violated the Commerce Clause (Dormant Commerce Clause) and was not authorized by the Twenty-first Amendment.
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 ...
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 .
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)