The Dormant Commerce Clause refers to the prohibition, implicit in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce.RV

Apr 13, 2022, 12:24 AM

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Photo:  Chief Justice John Marshall first envisioned the dormant commerce clause doctrine in his 1824 opinion in Gibbons v. Ogden.

The Dormant Commerce Clause refers to the prohibition, implicit in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce.RV


1/2:  #SCOTUS:The Dormant Commerce Clause: Does California rule the other 49 states? Richard A Epstein, @RichardAEpstein, @HooverInst, Tisch Professor of Law NYU Bedford Senior Fellow; Hoover Institution;  senior lecturer, University of Chicago Law School.