Dormant Commerce Clause

Dormant Commerce Clause is a legal doctrine in United States constitutional law that interprets the Commerce Clause in the United States Constitution to limit the power of states to enact legislation that interferes with or discriminates against interstate commerce. The Dormant Commerce Clause is not explicitly mentioned in the Constitution, but it has been inferred by the United States Supreme Court from the Commerce Clause's express grant of power to Congress to regulate interstate commerce.

Origin and Development

The Dormant Commerce Clause originated from the Supreme Court's interpretation of the Commerce Clause in the early 19th century. The Court first articulated the doctrine in the case of Gibbons v. Ogden (1824), where it held that the power to regulate interstate commerce was an exclusive federal power, and that state laws interfering with this power were unconstitutional.

The doctrine has evolved over time, with the Court refining its interpretation in subsequent cases. In Cooley v. Board of Wardens (1852), the Court held that states could regulate local aspects of interstate commerce if Congress had not already acted in the area. This principle, known as the "Cooley Doctrine," marked a significant shift in the Court's approach to the Dormant Commerce Clause.

Modern Interpretation

In modern jurisprudence, the Dormant Commerce Clause is used to strike down state laws that unduly burden interstate commerce. The Court applies a two-tiered analysis to determine whether a state law violates the Dormant Commerce Clause. First, it examines whether the law discriminates against interstate commerce. If it does, the law is almost always struck down, unless the state can show a compelling interest that cannot be achieved through less discriminatory means.

If the law does not discriminate against interstate commerce, the Court then applies a balancing test, weighing the state's interest in regulating the matter against the burden imposed on interstate commerce. This test, known as the Pike balancing test, was established in Pike v. Bruce Church, Inc. (1970).

Criticism and Controversy

The Dormant Commerce Clause has been the subject of criticism and controversy. Some legal scholars argue that the doctrine lacks a solid constitutional basis, as it is not explicitly mentioned in the Constitution. Others contend that it infringes on states' rights and undermines federalism by limiting the power of states to regulate their own economies.

Despite these criticisms, the Dormant Commerce Clause remains a significant doctrine in constitutional law, shaping the balance of power between the federal government and the states in the regulation of commerce.

See Also

• United States Constitution
• Commerce Clause
• United States Supreme Court
• Federalism in the United States

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  Portrait of Chief Justice John Marshall