Terms in this set (291)

DORMANT COMMERCE CLAUSE: PROTECTS INTERSTATE COMMERCE
-outlaws both laws that discriminate against interstate commerce and laws that are nondiscriminatory but unduly burden interstate commerce without sufficient offsetting benefits based on the principle that the economic unit is the nation
-states acting as market participants are exempt from the limits of the Dormant Commerce Clause
-protects interstate commercial activity
-only allows discrimination against interstate commerce if no alternative non-discriminatory means are available to achieve legitmate ends
-Congress can authorize states to regulate in ways that would be impermissible under the Dormant Commerce Clause because the Clause is a federalism provision and not a rights provision.

P&I: PROTECTS NONRESIDENTS
-only outlaws laws that discriminate against nonresidents of a state based on the principle that the economic unit is the nation
-states acting as market participants are not exempt from the limits of the Privileges and Immunities Clause of Article IV, § 2
-protects nonresidents in the exercise of fundamental privileges and immunities of state citizenship which are rights that are essential to interstate harmony such as commercial activity
-only allows discrimination against nonresidents if there is a substantial reason for the difference in treatment and the degree of discrimination is closely related to the state's objective
-The Privileges and Immunities Clause is a rights provision and, therefore, arguably Congress may not authorize states to violate the Clause.
;

Flickr Creative Commons Images

Some images used in this set are licensed under the Creative Commons through Flickr.com.
Click to see the original works with their full license.