What does the Dormant Commerce Clause require?

What does the Dormant Commerce Clause require?

• A. It applies only to environmental laws.
• B. States may not enact laws that unduly burden interstate commerce in the absence of federal regulation.
• C. States may impose any burdens on interstate commerce regardless of federal regulation.
• D. It prohibits only tariffs on goods crossing state lines.

Answer: (B)

The Dormant Commerce Clause holds that, when Congress hasn’t regulated the area, states may not pass laws that unduly burden or discriminate against interstate commerce. In other words, states can’t enact regulations that hinder trade between states unless there’s a valid federal authorization or regulation on that topic. If a state law discriminates against out-of-state interests, it’s usually struck down; if it’s facially neutral but burdens interstate commerce, courts weigh the burdens against local benefits to see if the burden is excessive. This principle covers more than just tariffs or environmental laws and recognizes that federal regulation can preempt or permit state action. That’s why the best choice is that states may not enact laws that unduly burden interstate commerce in the absence of federal regulation.

The Dormant Commerce Clause holds that, when Congress hasn’t regulated the area, states may not pass laws that unduly burden or discriminate against interstate commerce. In other words, states can’t enact regulations that hinder trade between states unless there’s a valid federal authorization or regulation on that topic. If a state law discriminates against out-of-state interests, it’s usually struck down; if it’s facially neutral but burdens interstate commerce, courts weigh the burdens against local benefits to see if the burden is excessive. This principle covers more than just tariffs or environmental laws and recognizes that federal regulation can preempt or permit state action. That’s why the best choice is that states may not enact laws that unduly burden interstate commerce in the absence of federal regulation.