Law Alexandria State Commerce Interstate Burden Substantial Purpose

Front 3C. State Powers: Limits on SP: Dormant Commerce Clause

[always on bar!] state law with intentional or unintentional affect on commerce


A. Does the law discriminate against interstate commerce?

B. If not, does the law burden interstate commerce?

1) How substantial is the burden?

2) What is the purpose of the law?

3) Is the law's purpose important enough to justify the burden?

4) Is there a less burdensome alternative?

Trucking EX: LA passes law against trucks dropping hazardous waste and destroying roads, must go to Alexandria for inspection first.

A. no discrim

B1. going to Alexandria is substantial burden

B2. good purpose: stopping toxic waste and preserving roads

B3. important purpose, but this is excessive.

B4. yes, more inspection stations @ borders (plus the trucks still drop and destroy on way to Alexandria and back, self-defeating)


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