Under the Dormant Commerce Clause, which category addresses discrimination against out-of-state commerce?

Under the Dormant Commerce Clause, which category addresses discrimination against out-of-state commerce?

• A. Delegation
• B. Dormant Commerce Clause - General Rule
• C. Dormant Commerce Clause - Discriminate Against Out of State
• D. President Power - Foreign

Answer: (C)

The key idea here is that the Dormant Commerce Clause prohibits states from enacting laws that favor in-state interests over out-of-state ones. When a law discriminates against out-of-state commerce—basically, it treats out-of-state goods or actors less favorably than in-state ones—the appropriate category is the Dormant Commerce Clause - Discriminate Against Out of State. Such discriminatory measures are treated as invalid per se, because they protect local interests at the expense of a national, open market, without needing to weigh local benefits against the burden on interstate commerce. By contrast, a facially neutral law that burdens interstate commerce is evaluated under the general rule with a balancing test to see if the burden is outweighed by local benefits. The other options relate to delegation of authority or foreign power and don’t address discrimination against out-of-state commerce.

The key idea here is that the Dormant Commerce Clause prohibits states from enacting laws that favor in-state interests over out-of-state ones. When a law discriminates against out-of-state commerce—basically, it treats out-of-state goods or actors less favorably than in-state ones—the appropriate category is the Dormant Commerce Clause - Discriminate Against Out of State. Such discriminatory measures are treated as invalid per se, because they protect local interests at the expense of a national, open market, without needing to weigh local benefits against the burden on interstate commerce. By contrast, a facially neutral law that burdens interstate commerce is evaluated under the general rule with a balancing test to see if the burden is outweighed by local benefits. The other options relate to delegation of authority or foreign power and don’t address discrimination against out-of-state commerce.