MBE Rules · Constitutional Law
Dormant Commerce Clause — discriminatory laws
The rule
A state law that discriminates against out-of-state commerce on its face, in purpose, or in effect is per se invalid unless the state shows (1) no reasonable non-discriminatory alternative AND (2) the law furthers an important non-economic interest.
In plain English
If a state law unfairly targets businesses from other states, it's usually not allowed unless the state can prove there's no other way to achieve an important goal.
Worked example
A state passes a law taxing only out-of-state apple sellers. This is likely invalid because it unfairly targets non-local businesses, and the state can't show it's the only way to protect local health.
Memory hook
Discriminate = Doom. State laws targeting outsiders fail unless no alternatives and vital interests.
The trap
Students think: any discrimination is fine if it benefits locals. Wrong, because protectionism is per se invalid unless strict criteria met.
How examiners test it
Exam loves: state law limits out-of-state goods. Trap: assuming economic benefits justify it. Must show no alternative and important non-economic interest.
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