Dormant CC Reading Notes/Class Notes

Dormant Commerce Clause

Prohibits states from enacting legislation that discriminates against or excessively burdens interstate commerce.

Facial Discrimination

Laws that explicitly discriminate against out-of-state competitors, treating them less favorably than in-state interests.

Minnesota v. Barber

Case where the court struck down a Minnesota statute requiring meat sold within the state to be inspected within the state.

Toomer v. Witsell

Case that invalidated a South Carolina statute requiring shrimp fishermen to unload and pack shrimp within the state before shipping.

Commerce Clause

Part of the U.S. Constitution that grants Congress the power to regulate commerce with foreign nations and among the states.

Market Participant Exception

A legal principle that allows a state to discriminate in favor of its own residents when it functions as a market participant.

Pike v. Bruce Church, Inc.

Established that a nondiscriminatory statute is constitutional unless the burden on interstate commerce is clearly excessive relative to local benefits.

Flow Control Ordinance

Regulation requiring waste to be processed at specified facilities, raising issues under the Dormant Commerce Clause.

Kentucky Dept. of Revenue v. Davis (2008)

Case holding that Kentucky's tax on out-of-state bonds was constitutional as it served a public purpose.

C & A Carbone v. Clarkstown

Supreme Court case ruling that a town's flow control ordinance imposing processing fees was unconstitutional.

United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority

Case where the Supreme Court upheld a flow control ordinance favoring a government facility, distinguishing it from private facilities.

Substantial Burden Test

A framework to determine if a law excessively burdens interstate commerce without serving a legitimate local interest.

Intrastate vs. Interstate Commerce

Distinction between trade within a state and trade between states, important in regulating commerce.

Economic Protectionism

State policies that favor local businesses over out-of-state competitors, often challenged under the Commerce Clause.

Facially Neutral Law

Laws that do not expressly discriminate against out-of-state commerce but may still have a protectionist purpose.

Discriminatory Fees

Charges imposed by states that favor in-state businesses over out-of-state competition, often regarded as unconstitutional.

Excessive Burden

A legal standard assessing whether state regulations impose undue hardships on interstate commerce.

Health and Safety Goals

Legitimate justifications that states may assert when implementing regulations affecting commerce.

Strict-Scrutiny Standard

The highest standard of scrutiny used by courts to evaluate laws that discriminate against interstate commerce.

Economic Function

The role of local governments and entities in regulating commerce within their jurisdiction for public welfare.

Non-Discrimination Principle

The foundation of Dormant Commerce Clause doctrine that prohibits laws favoring local over interstate interests.

Inspection Methods

Procedures to ensure products meet health and safety standards, which can be a non-discriminatory alternative to burdensome laws.

Municipal Facility

A facility operated by local governments for public use, such as waste processing plants.

General Taxation Principle

Guideline that tax laws must apply equally to all businesses, without favoring intrastate over interstate commerce.

Green Fees

Fees assessed for environmental compliance, which must apply uniformly to avoid discriminatory practices.

Economic Regulation

Government actions to control or influence economic practices and transactions to protect public interests.