MBE Rules · Constitutional Law
DCC — Pike balancing for non-discriminatory laws
Pike v. Bruce Church
The rule
A facially neutral state law incidentally burdening commerce is invalid if the burden on interstate commerce is clearly excessive in relation to the local benefits (Pike). Courts weigh the legitimate local interest against the interstate burden.
In plain English
If a state law doesn't target out-of-state businesses but still affects them, it can be struck down if it causes more problems for interstate trade than it helps the state.
Worked example
A state law requires all apples sold in the state to be packaged a certain way, which costs out-of-state growers a lot. If the packaging doesn't offer significant benefits to the state, the law might be invalid.
Memory hook
Pike's Balancing Act: Weigh local gain vs. interstate pain. Neutral laws must not excessively burden commerce.
The trap
Students think: Any burden on commerce invalidates the law. Wrong, because only clearly excessive burdens fail. The actual test is balancing local interest against interstate burden.
How examiners test it
The MBE loves: state law aims to protect local interests but impacts out-of-state businesses. Trap: students overlook whether burden is 'clearly excessive' relative to benefits.
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