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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.
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 ...
The significance of the Commerce Clause is described in the Supreme Court's opinion in Gonzales v. Raich, 545 U.S. 1 (2005): [7] [8] The Commerce Clause emerged as the Framers' response to the central problem giving rise to the Constitution itself: the absence of any federal commerce power under the Articles of Confederation.
The challengers, including Exxon, claimed that the law violated the Dormant Commerce Clause. Justice Stevens wrote for the majority, which disagreed with Exxon et al.: "Since Maryland's entire gasoline supply flows in interstate commerce and since there are no local producers or refiners, such claims of disparate treatment between interstate ...
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 .
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.
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 .
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.