Dormant Commerce Clause | Wikipedia audio article
Channel: wikipedia tts
Date: 2018-12-04

This is an audio version of the Wikipedia Article:
Dormant Commerce Clause


00:01:04 1 Origin of the doctrine
00:04:37 2 Effect of the doctrine
00:10:15 3 State taxation
00:12:33 3.1 Formalistic approach
00:14:02 3.2 Decline of formalism
00:19:00 4 Taxation of international commerce
00:21:03 5 Local processing requirements
00:21:33 5.1 No local processing preference
00:23:31 5.2 Carbone: local processing law benefiting private entity
00:28:51 5.3 United Haulers: local processing law benefiting public entity
00:32:58 6 Health and safety regulation
00:37:46 7 Exceptions
00:38:06 7.1 Congressional authorization
00:38:34 7.2 Market participation exception
00:43:34 8 Criticism of the doctrine
00:45:07 9 Puerto Rico
00:45:30 10 See also



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SUMMARY
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The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution. The Dormant Commerce Clause is used to prohibit state legislation that discriminates against interstate or international commerce.
For example, it is lawful for Michigan to require food labels that specifically identify certain animal parts, if they are present in the product, because the state law applies to food produced in Michigan as well as food imported from other states and foreign countries; the state law would violate the Commerce Clause if it applied only to imported food or if it was otherwise found to favor domestic over imported products. Likewise, California law requires milk sold to contain a certain percentage of milk solids that federal law does not require, which is allowed under the Dormant Commerce Clause doctrine because California's stricter requirements apply equally to California-produced milk and imported milk and so does not discriminate against or inappropriately burden interstate commerce.