Dormant Commerce Clause
Constitutional Law · Lesson 08
Dormant Commerce Clause
這一課問的是：州法是否在無聯邦先佔之情形下，違憲地負擔州際商業？
Actor
Act
Object
Standard
Consequence
Issue · what this lesson is really about
Does a state law unconstitutionally burden interstate commerce — even in the absence of federal preemption?
這一課問的是：州法是否在無聯邦先佔之情形下，違憲地負擔州際商業？
Trigger words & phrases that should flag this issue:
discriminate against out-of-statelocal protectionfacially discriminatePike balancingmarket participant
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
dormant commerce clause
Tap to see meaning
Negative implication of Commerce Clause: states cannot unduly burden interstate commerce.
沉默商業條款。
facially discriminatory
Tap to see meaning
Statute openly favors in-state over out-of-state.
表面歧視。
strict scrutiny (DCC)
Tap to see meaning
Discriminatory state law virtually per se invalid.
嚴格審查：幾近當然無效。
Pike balancing
Tap to see meaning
Non-discriminatory burdens balanced against local benefit.
Pike 衡平：非歧視性負擔對地方利益衡平。
market participant exception
Tap to see meaning
State acting as market participant exempt from DCC.
市場參與者例外。
Rule Sentence · the workhorse
Under the Dormant Commerce Clause, a state law that facially discriminates against interstate commerce is virtually per se invalid; a non-discriminatory law is invalid only if its burden on interstate commerce is clearly excessive in relation to its local benefits.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人state州
Act 行為regulating commerce管制商業
Object 對象interstate trade州際貿易
Standard 法律標準discriminatory → per se invalid · non-disc → Pike表面歧視 vs 非歧視 → Pike
Consequence 後果statute survives or struck法律存或廢
Casebook Snapshot · a real American case
Philadelphia v. New Jersey
Holding. New Jersey's law banning importation of solid waste from other states facially discriminated against interstate commerce; even an asserted environmental purpose could not justify a discriminatory means. The state was effectively shifting its waste-disposal burden to other states.
Why it matters. Discriminatory state laws cannot be justified by even legitimate local concerns. The means matters.
表面歧視之州法即便目的合法亦無效。
Common Mistakes · what trips students
✗ Pike 衡平適用於所有州際商業案。
✓ Pike applies only to non-discriminatory laws.
Pike 只用於非歧視法。
✗ 市場參與者例外擴及任何州行為。
✓ Limited to genuine market participation, not regulation.
僅限真正市場參與，非管制。
Mini IRAC · build the Application
Issue. Does a state statute imposing higher fees on out-of-state waste haulers violate the Dormant Commerce Clause?
Rule. A facially discriminatory state law that burdens interstate commerce is virtually per se invalid unless the state proves it serves a legitimate local purpose unattainable by non-discriminatory means.
Application (model). The statute imposes substantially higher fees on out-of-state haulers compared to in-state haulers. Because facially discriminatory state laws are virtually per se invalid and may be saved only by a legitimate purpose unachievable by non-discriminatory means, the fact that the state's interest in regulating waste flow can readily be served through uniform fees applied to all haulers means there is no narrowly tailored justification.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the statute violates the Dormant Commerce Clause.
MBE Check · multiple choice
State X enacts a statute prohibiting all milk producers from selling milk in State X unless the milk is processed in State X. Does this violate the Dormant Commerce Clause?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: