Regulation of Interstate Commerce: Dormant Commerce Clause

Question 1

Questions to Asks

Answer 1

Does Federal Legislation supercede or preempt the field? Does state regulation discriminate against interstate or out-of-state commerce or unduely burden free flow of commerce?

Question 2

Does Federal Legislation Supersede or Preempt State Regulation?

Answer 2

If yes, end of questioning, state regulation is invalid.

If no, then move on

Question 3

State Regulation Discriminate? (Privileges and Immunities if there is discrimination)

Answer 3

If yes: must meet strict scrutiny and invalid unless, discrimination furthers an IMPORTANT NONECONOMIC STATE INTEREST AND there is NO REASONABLE NONDISCRIMINATORY ALTERNATIVES OR STATE IS MARKET PARTICIPANT.

If does not discriminate does it unduly burden?

Question 4

If Unduly Burden

Answer 4

If yes: invalid unless state interest outweighs burden on commerce

If no: then regulation is ok