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Topic: Dormant Commerce Clause


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  THE DORMANT COMMERCE CLAUSE AND STATE REGULATION OF THE INTERNET: ARE LAWS PROTECTING MINORS FROM SEXUAL PREDATORS ...
With one exception, all reported Dormant Commerce Clause challenges to state dissemination statutes have occurred in federal courts and all such statutes have been declared unconstitutional.
Second, a statute that directly controls commerce occurring wholly outside the boundaries of a State exceeds the inherent limits of the enacting State's authority and is invalid regardless of whether the statute's extraterritorial reach was intended by the legislature.
It is this dilemma that the federal courts in the state dissemination cases have uniformly declared a projection of state policy extraterritorially in violation of the Dormant Commerce Clause.
www.law.duke.edu /journals/dltr/articles/2005dltr0008.html   (5631 words)

  
  Dormant Commerce Clause - Wikipedia, the free encyclopedia
The Dormant Commerce Clause is a United States legal doctrine, created by the U.S. Supreme Court, that limits the power of states to legislate in connection with interstate commerce.
The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution.
The DCC is dormant because it does not distribute federal law; rather, it prohibits state action.
en.wikipedia.org /wiki/Dormant_Commerce_Clause   (1202 words)

  
 Dormant Commerce Clause article - Dormant Commerce Clause United States case states United States Constitution ...   (Site not responding. Last check: 2007-08-23)
The Dormant Commerce Clause doctrine in United States case law limits the right of states to legislate in connection with interstate commerce.
It is a doctrine of congressional power inferred by the U.S. Supreme Court from the actual Commerce Clause in Article I, § 8 of the Constitution.
The Commerce Clause vests Congress with the power to regulate, "that is, to prescribe the rule by which commerce is to be governed" [1].
www.what-means.com /encyclopedia/Dormant_Commerce_Clause   (1025 words)

  
 Dormant Commerce Clause: Facts and details from Encyclopedia Topic   (Site not responding. Last check: 2007-08-23)
The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution[For more info, click on this link].
Article i, section 8, clause 3 of the united states constitution, known as the commerce clause, empowers the united states congress "to regulate commerce...
The DCC is dormant because it does not distribute federal law; rather, EHandler: no quick summary.
www.absoluteastronomy.com /encyclopedia/d/do/dormant_commerce_clause.htm   (1643 words)

  
 AEI - Short Publications
The dormant commerce clause--which prohibits states from discriminating against sister states--is to all intents the last horizontal federal rule to be enforced with any regularity.
To the extent, however, that critics of the dormant commerce clause rest their case on an understanding of the clause as a nationalist construct, they are gravely mistaken.
Moreover, the undeniable force of the argument against the dormant commerce clause, as well as the seeming difficulty of reconciling a judge-made rule limiting state sovereignty with the Rehnquist Court's federalism, exerts a gravitational pull--if not toward a wholesale abandonment, then at least toward a very narrow interpretation of the dormant commerce clause.
www.aei.org /publications/pubID.57/pub_detail.asp   (4704 words)

  
 Bambooweb: Dormant Commerce Clause
The Dormant Commerce Clause doctrine in United States case law limits the right of states to legislate in connection with interstate commerce.
The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution.
The Commerce Clause vests Congress with the power to regulate, "that is, to prescribe the rule by which commerce is to be governed" [1].
www.bambooweb.com /articles/d/o/Dormant_Commerce_Clause.html   (992 words)

  
 FindLaw: U.S. Constitution: Article I: Annotations pg. 32 of 58
Ogden: ''The prevailing motive was to regulate commerce; to rescue it from the embarrassing and destructive consequences, resulting from the legislation of so many different States, and to place it under the protection of a uniform law.'' 842 In other words, the constitutional grant was itself a regulation of commerce in the interest of uniformity.
That, however, the commerce clause, unimplemented by congressional legislation, took from the States any and all power over foreign and interstate commerce was by no means conceded and was, indeed, counterintuitive, considering the extent of state regulation that previously existed before the Constitution.
Virginia, 321 U.S. The commerce clause, the Court has celebrated, ''does not say what the states may or may not do in the absence of congressional action, nor how to draw the line between what is and what is not commerce among the states.
caselaw.lp.findlaw.com /data/constitution/article01/32.html   (4347 words)

  
 Reference.com/Encyclopedia/Commerce Clause   (Site not responding. Last check: 2007-08-23)
Wallace (1922) upheld a federal law regulating the Chicago meatpacking industry, because the industry was part of in the interstate commerce of beef from ranchers to dinner tables.
The wide interpretation of the scope of the commerce clause continued following the passing of the Civil Rights Act, which aimed to prevent business from discriminating against fl customers.
Florida, 517 U.S.) that, unlike the Fourteenth Amendment, the Commerce Clause does not give the federal government the power to abrogate the sovereign immunity of the states.
www.reference.com /browse/wiki/Commerce_Clause   (756 words)

  
 ipedia.com: Commerce Clause Article
The Commerce Clause has been the subject of intense constitutional and political disagreement centring on the extent to which Federal legislation may govern economic activity connected to interstate commerce but occurring within a state.
Ogden (1824), Justice Marshall ruled that the power to regulate interstate commerce also included power to regulate interstate navigation: "Commerce, undoubtedly is traffic, but it is something more--it is intercourse.
United States (1905), the Court ruled that the clause covered even meatpackers, even though their activity was geographically "local", because they had an important effect on the "current of commerce".
www.ipedia.com /commerce_clause.html   (727 words)

  
 Technology & Marketing Law Blog: Nails, Coffins, Spam, and the Dormant Commerce Clause?
Jaynes alleged the Virginia criminal anti-spam law was an unconstitutional violation of the Dormant Commerce Clause and the First Amendment.
These three arguments – the Dormant Commerce Clause, the First Amendment, and jurisdiction – have fairly consistently been plans A, B & C in any challenge to state spam laws, and I’ve blogged about some of them before.
And where federal legislation exists, the Dormant Commerce Clause should recede, no? Looking to see if there is federal law on the issue is actually the first step in determining whether a court should begin a Dormant Commerce Clause analysis or instead initiate a preemption analysis under the Commerce Clause and preemption jurisprudence.
blog.ericgoldman.org /archives/2006/09/nails_coffins_s.htm   (3081 words)

  
 Federalism III - "Dormant" Commerce Clause
The Commerce Clause is a grant of power to Congress to legislate, not a substantive rule or regulation of commerce in itself.
When the courts regulate commerce in the absence of Congressional action, they speak in the place of Congress, that is, they are exercising a grant of power to the legislature.
Hence, the Supremacy Clause cannot be invoked to validate the "Dormant" Commerce Clause doctrine.
www.lonang.com /conlaw/2/c25.htm   (1376 words)

  
 Dormant Commerce Clause
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.
The Commerce Clause speaks only to Congressional action--states free to act when Congress has not acted.
If there is pure economic protectionism at work (e.g., facial discrimination, laws that block the flow of interstate commerce at the state's borders), state regulation is prohibited, unless the state can show no other way (or no reasonable alternative) to achieve a legitimate state interest.
www.iulaw.indy.indiana.edu /Instructors/Orentlicher/092199.html   (545 words)

  
 Commerce Clause: Dormant Commerce Clause Doctrine
The Dormant Commerce Clause Doctrine is a legal concept the U.S. Supreme Court has inferred from the actual Commerce Clause of the Constitution since the 1940s.
The majority opinion in United Haulers, written by Chief Justice Roberts, does not question whether there should be a Dormant Commerce Clause doctrine.
Instead, it upholds the flow-control scheme at issue by distinguishing C and A Carbone on the ground that a government program or facility, like the one at issue in United Haulers, is different in nature from a private facility, like the one at issue in CandA Carbone.
www.lycos.com /info/commerce-clause--dormant-commerce-clause-doctrine.html   (275 words)

  
 Whose Water Is It--A Dormant Commerce Clause Hypo - Legal Soapbox by FreeAdvice.com: Expert legal commentary
The Court held the statute violated the commerce clause because the reciprocity requirement operated as an explicit barrier to commerce between the states.
New Jersey, however, the Court agreed that “all objects of interstate trade merit Commerce Clause protection” and that denying water the category of commerce would not only allow Nebraska to escape burden-on-commerce analysis but hamper Congressional power to implement water policy.
Rehnquist viewed the use of the Commerce Clause as a “pointless distinction” from being able to ban hazardous items outright.
legalsoapbox.freeadvice.com /c25099_Whose_Water_Is_It--A_Dormant_Commerce_Clause_Hypo.htm   (984 words)

  
 Technology & Marketing Law Blog: Checking Your Spamming Burdens at the Dormant Commerce Clause/Juisdiction Doors?
Back in Washington state, the grandfather of dormant commerce clause cases, Washington v.
Heckel, generated yet another opinion - this time by an intermediate court of appeals - further addressing the Dormant Commerce Clause and standards of proof under the Washington statute.
Essentially fleshing out the conclusions the Washington state Supreme Court had earlier reached in the case, the intermediate court reaffirmed both the Dormant Commerce Clause soundness and the appropriateness of Washington court jurisdiction in the case.
blog.ericgoldman.org /archives/2006/02/checking_your_s_1.htm   (923 words)

  
 Dormant Commerce Clause Today   (Site not responding. Last check: 2007-08-23)
If there is pure economic protectionism at work (e.g., facial discrimination), state regulation is prohibited, unless the state can show no other way (or no reasonable alternative) to achieve a legitimate state interest.
If an even-handed effect on intrastate and interstate commerce, and effects on interstate commerce are incidental, statute allowed unless burdens on interstate commerce clearly excessive in relation to local benefits.
Privileges and Immunities Clause of Article IV Does the law burden an Art.
www.iulaw.indy.indiana.edu /Instructors/Orentlicher/092899.html   (227 words)

  
 CALI Radio | CONSTITUTIONAL LAW: Prof. Bill Andersen: Dormant Commerce Clause
Andersen has written a CALI lesson that provides students with extensive flowcharts designed to aid in learning the analytical framework necessary for understanding the Dormant Commerce Clause.
Andersen gives an overview of the Dormant Commerce Clause, including a brief discussion of the June 2005 U.S. Supreme Court Gonzales decision, concerning states regulation of medical marijuana.
He also offers tips for tackling this topic and explains the best way to use his related lesson.
cali_radio.classcaster.org /blog/podcast/2005/10/07/andersendormantcommerceclause   (199 words)

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