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Answered Question
Max B
I'm soo lost on the dormant commerce clause. Can you help?
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Answered by: Lawyer Up
Yes. The DCC cases are all about situations where a STATE made a law, and that law potentially steps on the toes of Congress. After all, Congress and ONLY Congress is in charge of interstate commerce. So, if a state makes a law that seems to affect the rest of the country, then it might not be cool that the state did that. The state will argue that the law really only affects the people inside that state, and that it's all about public health and safety. The feds will argue that the state has stepped on their toes and that the law discriminates on out of state commerce. That's the battle.
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TAGS:  dcc, dormant commerce clause, constitutional law, advice
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