Next, Dormant Commerce is an implied rule from a congressional grant of power to regulate interstate commerce under the Commerce Clause. When regulation is a local concern, the impact incidental on interstate commerce, and there is a slight consequential incentive on national matters, the law is within state’s authority to legislate. The law may be challenged if unduly and substantially burdensome on interstate commerce (Pike). The 5-factor balancing test to determine if the law is protectionist in nature or discriminates against out-of-staters to the detriment of interstate commerce are:  (1) is law subject local rather than national,  (2) is law a valid exercise of police power, meaning law’s objective was in safety, health, morals, or general welfare of citizens, if yes no bar on law,  (3) does law burden interstate commerce,  (4) does law benefit the state, and  (5) Does the law discriminate against out-of-staters?

Next, Dormant Commerce is an implied rule from a congressional grant of power to regulate interstate commerce under the Commerce Clause. When regulation is a local concern, the impact incidental on interstate commerce, and there is a slight consequential incentive on national matters, the law is within state’s authority to legislate. The law may be challenged if unduly and substantially burdensome on interstate commerce (Pike). The 5-factor balancing test to determine if the law is protectionist in nature or discriminates against out-of-staters to the detriment of interstate commerce are: 
(1) is law subject local rather than national, 
(2) is law a valid exercise of police power, meaning law’s objective was in safety, health, morals, or general welfare of citizens, if yes no bar on law, 
(3) does law burden interstate commerce, 
(4) does law benefit the state, and 
(5) Does the law discriminate against out-of-staters?

Dormant Clause

Abby Fingerlin

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Abby Fingerlin