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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 primary focus of the doctrine is barring state protectionism.
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 .
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 ...
Comptroller of the Treasury of Maryland v. Wynne, 575 U.S. 542 (2015), is a 2015 U.S. Supreme Court decision that applied the Dormant Commerce Clause doctrine to Maryland's personal income tax scheme and found that the failure to provide a full credit for income taxes paid to other states was unconstitutional.
taxpayer standing in a Dormant Commerce Clause case Sereboff v. Mid Atlantic Medical Services, Inc. 547 U.S. 356 (2006) fiduciary's recovery of personal injury settlement under ERISA: eBay Inc. v. MercExchange, L.L.C. 547 U.S. 388 (2006) nature of patent injunctions – revisiting Continental Paper Bag Co. v. Eastern Paper Bag Co.
When Congress began to engage in economic regulation on a national scale, the Court's dormant Commerce Clause decisions influenced its approach to Congressional regulation. In this context, the Court took a formalistic approach, which distinguished between services and commerce, manufacturing and commerce, direct and indirect effects on ...
I § 8 cl. 3 (Commerce Clause), Dormant Commerce Clause West Lynn Creamery, Inc. v. Healy , 512 U.S. 186 (1994), was a United States Supreme Court case relating to the extent that states can set prices for goods under the Commerce Clause of the United States Constitution.
Pages in category "United States Dormant Commerce Clause case law" The following 41 pages are in this category, out of 41 total. This list may not reflect recent changes .