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Dormant Commerce Clause

Dormant Commerce Clause

Learn about implied restrictions on states' power to burden or discriminate against interstate commerce under the Dormant Commerce Clause.


Welcome to the lesson on the Dormant Commerce Clause! In the previous videos in this tutorial, we discussed the Commerce Clause, which grants Congress the power to regulate foreign commerce, interstate commerce, and Indian commerce. Now we're going to talk about the Dormant Commerce Clause, sometimes called the Negative Commerce Clause.

I. What is the Dormant Commerce Clause?

The Dormant Commerce Clause isn't really a constitutional clause at all; rather the Dormant Commerce Clause refers to...