The Dormant Commerce Clause Interactions
The Dormant
Commerce Clause is found in what location in the Constitution?
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Bubba-Gump
Shrimp catches shrimp in Mississippi and
ships their catch to a canning facility in Louisiana. Bubba-Gump Shrimp has
become so successful and is exporting so much shrimp for canning purposes
that the canning industry in Mississippi is starting to dwindle. In
response to this local economy-threatening issue, the Mississippi
legislature passes a law which “for purposes
of protecting the public’s health” forbids the transport
of shrimp out-of-state except in canned form. The law is invalid
primarily because:
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The Mississippi
legislature is at a loss for how to prevent Bubba-Gump Shrimp from putting
all the local canneries out of business, and decides to buy the company
at a premium and operate it themselves. When the state takes over the
operation they advertise locally for canneries to submit bids based on
which contracts will be made. Although three out-of-state canneries who
have been doing the canning for Bubba-Gump for the past three years submit
bids which were significantly lower than the local bids, even after factoring
in the cost of transportation, the state decides to award the canning
contracts to two local businesses. The out-of-state companies sue, claiming
a Commerce Clause violation. What is the result?
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What is the
term which means that a federal law, by its very terms, precludes the
states from passing laws in conflict with the federal law?
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Massahampshire’s
milk industry has been slowly declining over the past few years. The state
legislature, in an effort to boost local milk sales, passes a law requiring
local companies charge thirteen-cents per gallon less for their milk than
the prices established by federal law. The plan works and local milk companies
once again thrive. Is the state law valid?
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Westernstate
drivers are sick and tired of being temporarily blinded by water splashed
on their windshields from the tires of passing trucks. The state legislature
commissions a study which finds that the mud guards most commonly used
are inadequate, and that circular guards would solve the problem. Despite
the fact that most states require trucks to use rectangular guards, the
Westernstate legislature passes a law requiring all trucks use the circular
guards at all times within Westernstate. This requires truck drivers to
pull over at the border upon entering the state to put on the circular
guards, and again when leaving to replace the rectangular guards. Can
the Commerce Clause be used to stop this madness?
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Northernstate
was traditionally known as a manufacturing state, but in recent years
the industry has shifted to other areas of the country. In order to attract
manufacturers back to the nearly abandoned towns of the state, the legislature
decides to grant all in-state manufacturers an exemption from collecting
and paying sales tax for the next 2 years. The plan works and towns like
River Falls are soon thriving again. An out-of-state manufacturing company,
F.R. Paper, which sells a large portion of its product within Northernstate
applies for the exemption and is denied, at which point they file suit.
Claiming discrimination against out-of-staters, F.R. Paper cites the Commerce
Clause and argues that Northernstate is illegally discriminating against
them. What is the likely result?
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