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Encyclopedia > Dormant Commerce Clause

The "Dormant" Commerce Clause, also known as the "Negative" Commerce Clause, is a legal doctrine that courts in the United States have implied from the Commerce Clause of the United States Constitution. The Commerce Clause expressly grants Congress the power to enact legislation that affects interstate commerce. The idea behind the Dormant Commerce Clause is that this grant of power implies a negative converse — a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The question of whether such a negative implication should be recognized, and how far it should extend, has been a subject of extensive disagreement among Federal judges. Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...


The premise of the doctrine is that the U.S. Constitution reserves for the United States Congress at least some degree of exclusive power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8). Therefore, individual states are limited in their ability to legislate on such matters. The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is, rather, a doctrine deduced by the U.S. Supreme Court and lower courts from the actual Commerce Clause of the Constitution. Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ...

Contents

Origin of the doctrine

The idea that regulation of interstate commerce may to some extent be an exclusive federal power was discussed even before adoption of the Constitution, though the framers did not use the word "dormant." On September 15 of 1787, the framers in Philadelphia debated whether to guarantee states the ability to lay duties of tonnage without congressional interference, in order for states to finance the clearing of harbors and the building of lighthouses.[1] James Madison believed that the mere existence of the Commerce Clause would otherwise bar states from imposing any duty of tonnage: "He was more and more convinced that the regulation of Commerce was in its nature indivisible and ought to be wholly under one authority." Roger Sherman disagreed: "The power of the United States to regulate trade being supreme can controul interferences of the State regulations when such interferences happen; so that there is no danger to be apprehended from a concurrent jurisdiction." Ultimately, the constitutional convention decided upon the present language in Article I, Section 10, which says: "No state shall, without the consent of Congress, lay any duty of tonnage...." Tonnage is a measure of the size or cargo capacity of a ship. ... For other persons named James Madison, see James Madison (disambiguation). ... Shermans marble statue in the National Statuary Hall Collection in the United States Capitol. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ...


The word "dormant," in connection with the Commerce Clause, originated in dicta of Chief Justice John Marshall. For example, in the case of Gibbons v. Ogden, 22 U.S. 1 (1824), he wrote that the power to regulate interstate commerce "can never be exercised by the people themselves, but must be placed in the hands of agents, or lie dormant." Concurring Justice William Johnson was even more emphatic that the Constitution is "altogether in favour of the exclusive grants to Congress of power over commerce." Later, in the case of Willson v. The Black Bird Creek Marsh Company, 27 U.S. 245 (1829), Chief Justice Marshall wrote: "We do not think that the [state] act empowering the Black Bird Creek Marsh Company to place a dam across the creek, can, under all the circumstances of the case, be considered as repugnant to the power to regulate commerce in its dormant state, or as being in conflict with any law passed on the subject." In law, the term dicta is used to refer to a judges statement of legal opinion that is not directly relevant to the case being heard. ... For other persons named John Marshall, see John Marshall (disambiguation). ... Holding Judgment of the New York courts was reversed. ... Categories: People stubs | U.S. Supreme Court justices | 1771 births | 1834 deaths ... Holding As long as Congress has not exercised its power over commerce in a certain area, a state may regulate that area as long as such regulations do not conflict with the Dormant Commerce Clause of the U.S. Constitution. ...


Effect of the doctrine

In its effect, the doctrine often operates as a kind of free-trade clause as among the states. The Supreme Court, in explaining the necessity for the dormant Commerce Clause, said, "Our system, fostered by the Commerce Clause, is that every farmer and every craftsman shall be encouraged to produce by the certainty that he will have free access to every market in the Nation."[2]


In the first century of its jurisprudence, the Supreme Court often would evaluate Commerce Clause challenges to state laws or actions only for actual conflict with Congressional acts. See Cooley v. Board of Wardens, 53 U.S. 299 (1851). Today, however, a more nuanced jurisprudence exists. If a law is alleged to violate the Dormant Commerce Clause, a court determines the law's constitutionality by examining its discriminatory and extra-territorial effects. In a Dormant Commerce Clause case, a court is initially concerned with whether the law facially discriminates against out-of-state actors or has the effect of favoring in-state economic interests over out-of-state interests. If so, it is typically found to be unconstitutional. See Brown-Forman Distillers v. New York State Liquor Authority, 476 U.S. 573 (1986). If the law is not outright or intentionally discriminatory or protectionist, but still has some impact on interstate commerce, the court will evaluate the law using a balancing test. The Court determines whether the interstate burden imposed by a law outweighs the local benefits. If such is the case, the law is usually deemed unconstitutional. See Pike v. Bruce Church, Inc., 397 U.S. 137 (1970). Cooley v. ...


In evaluating a Dormant Commerce Clause challenge, a Court first looks at the language of the state statute, determining if the statute is facially discriminatory or facially neutral. If the statute is facially discriminatory, then the statute is presumed unconstitutional. Typical cases demonstrating this analysis are the City of Philadelphia v. New Jersey, 437 U.S. 617 (1978), and C&A Carbone, Inc v. Town of Clarkstown, N.Y, 511 U.S. 383 (1994). In this 1978 case, the Supreme Court invalidated a 1973 New Jersey law that prohibited most solid or liquid waste which originated or was collected outside the territorial limits of this state from being imported across its borders. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...


This presumption of unconstitutionality can be rebutted if the state can demonstrate that the law is necessary (that no other non-discriminatory means were available) to serve a compelling state objective or legitimate local interest. This is a hard presumption to rebut, and consequently the Supreme Court has only upheld one facially discriminatory state law. See Maine v. Taylor, 477 U.S. 131 (1986). This standard applies what is often called a strict scrutiny standard, even though this standard is not named in the texts of opinions. The standard named in opinions is usually referred to as heightened scrutiny. This 1986 case serves as an exception to the virtually per se invalidity rule of the dormant commerce clause. ... Strict scrutiny is the highest standard of judicial review used by courts in the United States. ...


States wishing to legislate protectionist measures might intentionally craft laws that appear facially neutral but still have a discriminatory effect - such as a state passing a law allowing the sale of milk from any state, but only if pasteurized within 5 miles of the place of sale. See Dean Milk Co. v. Madison, 340 U.S. 349(1951). Because of this, if the state statute is facially neutral then the Court will also examine its purpose or effect. See Hunt v. Washington State Apple Advertising Comm., 432 U.S. 333 (1997) and Exxon Corp. v. Governor of Maryland, 437 U.S. 117 (1978). In this 1977 case, the Supreme Court unanimously struck down a North Carolina law requiring all importers of apples to label their containers with U.S. Dept. ... Exxon Corp. ...


If the statute's purpose or effect is deemed discriminatory, then it is presumed unconstitutional. See Dean Milk Co. v. City of Madison, Wisconsin, 340 U.S. 349 (1951). Again, this presumption can be rebutted if the state can demonstrate under a strict scrutiny standard that the law is necessary (that no other non-discriminatory or less restrictive means were available) to serve a compelling state objective or local interest. The Court often finds that there are other means available and frequently holds the state law unconstitutional. See Hunt v. Washington State Apple Advertising Comm., 432 U.S. 333 (1997). Dean Milk Co. ...


If the Court finds that the purpose or effect of the state statute was not discriminatory, but there is some impact on interstate commerce, then it applies a balancing test. In this test, the Court balances the burden on interstate commerce against the local state interest and putative benefit. If interstate impacts are infrequent or insignificant in relation to the alleged benefits to the state, a court frequently upholds the state law. See Pike v. Bruce Church, Inc., 397 U.S. 137 (1970), and Bibb v. Navajo Freight Lines, Inc., 359 U.S. 520 (1959).


Exceptions to the doctrine

There are two notable exceptions that can permit state laws or actions that otherwise violate the Dormant Commerce Clause to survive court challenges. The first exception occurs when Congress has legislated on the matter. See Western & Southern Life Ins. v. State Board of California, 451 U.S. 648 (1981). In this case the Dormant Commerce Clause is no longer "dormant" and the issue is a Commerce Clause issue, requiring a determination of whether Congress has approved, preempted, or left untouched the state law at issue. The second exception is "market participation exception". This occurs when the state is acting "in the market," like a business or customer, rather than as a "market regulator."[3] For example, when a state is contracting for the construction of a building or selling maps to state parks, rather than passing laws governing construction or dictating the price of state park maps, it is acting "in the market." Like any other business in such cases, a state may favor or shun certain customers or suppliers. The term market participant is used in United States constitutional law to describe a U.S. State which is acting as a producer or supplier of a marketable good or service. ...


The primary cases enunciating the market participation exception principle are Reeves v. William Stake, 447 U.S. 429 (1980) and South-Central Timber v. Wunnicke, 467 U.S. 82 (1984). The Reeves case outlines the market participation exception test. In this case state-run cement co-ops were allowed to make restrictive rules (e.g. rules not to sell out-of-state). Here, this government-sponsored business was acting restrictively like an individually-owned business and this action was held to be constitutional. South-Central Timber is important because it limits the market exception. South-Central Timber holds that the market-participant doctrine is limited in allowing a State to impose burdens on commerce within the market in which it is a participant, but allows it to go no further. The State may not impose conditions that have a substantial regulatory effect outside of that particular market.


The "market participation exception" to the Dormant Commerce Clause does not give states unlimited authority to favor local interests, because limits from other laws and Constitutional limits still apply. In United Building & Construction Trades Council v. Camden, 465 U.S. 208 (1984), the city of Camden, New Jersey had passed an ordinance requiring that at least forty percent of the employees of contractors and subcontractors on city projects be Camden residents. The Supreme Court found that while there law was not infirm due to the Dormant Commerce Clause, it violated the Privileges and Immunities Clause of Article IV of the Constitution. Justice Rehnquist's opinion distinguishes the market-participant doctrine from the privileges and immunities doctrine. Similarly, Congress has the power itself under the Commerce Clause to regulate and sanction states acting as "market participants," but it lacks power to legislate in ways that violate Article IV. Holding A city can pressure private employers to hire city residents, but the same exercise of power to bias private contractors against out-of-state residents may be called into account under Privileges & Immunities clause. ... The City of Camden is the county seat of Camden County, New Jersey in the United States. ... The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents states from treating citizens of other states in a discriminatory manner, with regard to basic civil rights. ... Article Four of the United States Constitution relates to the states. ...


In the 21st century, the Dormant Commerce Clause has been a frequent legal issue in cases arising under state laws regulating some aspects of Internet activity. Due to the interstate, and often international, nature of Internet communications, state laws addressing internet-related subjects such as spam, online sales or online pornography can often trigger Dormant Commerce Clause issues. This article is about electronic spam. ...


Rejection of the doctrine

Supreme Court Justices Antonin Scalia[4] and Clarence Thomas[5] have rejected the notion of a dormant commerce clause. Scalia seems willing to allow the use of the doctrine in cases of facially discriminatory laws. Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ...


References

  1. ^ 2 M. Farrand, Records of the Federal Convention of 1787, p. 625 (1937) (1787-09-15).
  2. ^ H.P. Hood & Sons, Inc. v. Du Mond, 336 U.S. 525 (1949).
  3. ^ South-Central Timber Dev., Inc. v. Wunnicke, 467 U.S. 82, 87 (1984).
  4. ^ Tyler Pipe Industries v. Department of Revenue, 483 U.S. 232 (1987).
  5. ^ United Haulers Association v. Oneida-Kerkimer Solid Waste Management Authority, 550 U.S. ___ (2007).

Year 1787 was a common year starting on Monday (see link for calendar). ... is the 258th day of the year (259th in leap years) in the Gregorian calendar. ...

See also

  • In Granholm v. Heald (2004), the U.S. Supreme Court held that certain restrictions on interstate liquor shipments violated the Dormant Commerce Clause, notwithstanding section two of the Twenty-first Amendment.
Holding The Court ruled that laws in New York and Michigan that permitted in-state wineries to ship wine directly to consumers, but prohibited out-of-state wineries from doing the same are unconstitutional. ... Amendment XXI in the National Archives The Twenty-first Amendment (Amendment XXI) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... The United States Constitution was written in 1787, adopted in 1788, and took effect in 1789, replacing the Articles of Confederation. ... The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ... The Mount Vernon Conference was a meeting of delegates from Virginia and Maryland at George Washingtons home at Mount Vernon, Virginia in March 1785. ... The Annapolis Convention was a meeting at Annapolis, Maryland of 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) that called for a constitutional convention. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... A proposal by Virginia delegates during the Philadelphia Convention of 1787, the Virginia Plan (also known as the Large State Plan) was notable for its role in setting the overall agenda for debate in the convention and, in particular, for setting forth the idea of population-weighted representation in the... The New Jersey Plan was a proposal for the structure of the United States Government proposed by William Paterson on June 15, 1787. ... The Connecticut Compromise, also known as the Great Compromise, was an essential agreement between large and small states reached during the Philadelphia Convention of 1787 that in part defined the legislative structure and representation that each state would have under the United States Constitution. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... An advertisement for The Federalist The Federalist Papers are a series of 85 articles arguing for the ratification of the United States Constitution. ... This is a listing of the Federalist Papers. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Wikisource has original text related to this article: Preamble to the United States Constitution The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution itself was meant to serve. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Wikisource has original text related to this article: Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the federal government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The first ten amendments to the United States Constitution are known as the Bill of Rights. ... This is an incomplete list of proposed amendments to the United States Constitution, in reverse chronological order. ... The United States Constitution has been amended on 18 occasions—with a total of 27 individual successful amendments—since the Constitution was completed in 1787. ... The history of the Convention as a means of altering the fundamental law of a nation is documented in Prelude to the Grand Convention, the first chapter of a well researched book published in 1988 by Oxford University Press. ... Besides the more common method, Article V establishes the possibility of conventions within the individual states to ratify an amendment to the United States Constitution. ... Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the President of the United States to appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, while granting the United States Congress... The Appropriations Clause[1] or Statement and Account Clause refers to a provision of Article I, Section 9, Clause 7, that provides Congress with the power to control the spending of the federal government and requires that records of expenditures be made. ... The case or controversy clause of Article III of the United States Constitution has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy - that is, an actual dispute between adverse parties which is capable of... The citizenship clause (also known as the naturalization clause[1]) refers to a provision, in the Fourteenth Amendment to the United States Constitution at section one, clause 1. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... The compact clause refers to a provision, in Article One of the United States Constitution at section ten, clause 3, that forbids states from entering into alliances with other states or with foreign governments. ... The Confrontation Clause of Sixth Amendment to the United States Constitution provides in relevant part: In all criminal prosecutions, the accused shall enjoy the right to . ... This article or section is in need of attention from an expert on the subject. ... Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause empowers the United States Congress: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty... The Emolument clause refers to a provision in Article One of the United States Constitution at section nine, clause 8, that forbids the United States from granting titles of Nobility and restricts members of the government from receiving gifts from foreign states without the consent of Congress. ... Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ... The Establishment Clause of the First Amendment to the United States Constitution states that: Congress shall make no law respecting an establishment of religion Together with the Free Exercise Clause, (or prohibiting the free exercise thereof), these two clauses make up what are commonly known as the religion clauses. ... Article III Section 2 Clause 2 of the United States Constitution. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... The Extradition clause or Interstate renditon clause[1] refers to a provision in Article Four of the United States Constitution at section two, clause 2, provides for the extradition of a criminal back to the state where he or she has committed a crime. ... The Free Exercise Clause of the First Amendment to the United States Constitution, taken with the Establishment Clause of the First Amendment make up the Religion Clauses. ... The Fugitive slave clause refers to a provision in Article IV, Section 2, Clause 3, that requires that slaves that escaped to another state be returned back to the owner in the state from which they escaped. ... Article IV, Section 1 of the United States Constitution, commonly known as the Full Faith and Credit Clause, addresses the duties states have to respect and enforce the judicial rulings of other states. ... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... The Guarantee clause refers to a provision in Article IV, Section 4, Clause 1, requires the United States to provide a republican form of government for every state. ... The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. ... The Militia clause refers to the provision in Article I, Section 8, Clause 15, that provide Congress with the power to summon a militia. ... A natural-born citizen is a special term mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States. ... The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision, in Article One of the United States Constitution at section eight, clause 18, which addresses implied powers of Congress. ... The no religious test clause of the United States Constitution is cited by advocates of separation of church and state as an example of original intent of the Framers of the Constitution of avoiding any entanglement between church and state, or involving the government in any way as a determiner... The Origination clause refers to a provision in Article One of the United States Constitution at section seven, clause 1, that mandates all revenue raising bills originate from the House of Representatives. ... Presentment clause The Presentment clause (Article I, Section 7) is a clause in the United States Constitution that outlines how a bill may become law. ... The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents states from treating citizens of other states in a discriminatory manner, with regard to basic civil rights. ... This provision of the Fourteenth Amendment to the United States Constitution is unique among constitutional provisions in that some scholars believe it was all but read out of the Constitution in a 5-4 decision of the Supreme Court (see Slaughterhouse Cases of 1873). ... The Speech or Debate Clause (found in Article I, Section 6, Clause 1) is a clause in the United States Constitution which states that members of both Houses of Congress Its intended purpose is to prevent a President or other officials of the Executive branch from having members arrested on... Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... The Suspension Clause is clause two of section nine of Article One of the United States Constitution. ... Eminent domain (U.S.), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to expropriate private property, or rights in private property, without the owners consent, either for its own use or... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... The Territorial Clause refers to Article IV, Section 3, paragraph 2 of United States Constitution: The interpretation of this clause gives the United States Congress the final power over every territory of the United States. ... It has been suggested that this article or section be merged with Jury. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... The Vesting clauses refer to a provisions in Article I, Section 1; Article II, Section 1, Clause 1; and Article III, Section 1 of the United States Constitution; which vest the legislative, executive, and judicial powers in the Congress, president, and Supreme Court, respectively. ... Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 1, vests in the Congress the exclusive power to declare war. ... Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government in the United States. ... In the United States and many commonwelth nations, concurrent powers are powers held by both the states and the federal government and may be exercised simultaneously within the same territory and in relation to the same body of citizens. ... A number of amendments to the United States Constitution include a Congressional power of enforcement. ... For other uses, see Double jeopardy (disambiguation). ... The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate the authority granted to the United States Congress. ... This article does not cite any references or sources. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... This article needs to be cleaned up to conform to a higher standard of quality. ... Wikisource has original text related to this article: Preamble to the United States Constitution The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution itself was meant to serve. ... This article is about the power of federal law in the United States. ... The separation of church and state is a legal and political principle derived from the First Amendment to the United States Constitution, which reads, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . ... theSeparation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power. ...

  Results from FactBites:
 
THE DORMANT COMMERCE CLAUSE AND STATE REGULATION OF THE INTERNET: ARE LAWS PROTECTING MINORS FROM SEXUAL PREDATORS ... (5631 words)
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.
Dormant Commerce Clause - Wikipedia, the free encyclopedia (1202 words)
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.
  More results at FactBites »

 
 

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