JOURNAL ARTICLE

The Disappearance of the Dormant Commerce Clause.

  • Published In: GPSolo, 2023, v. 40, n. 6. P. 33 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Cullen Jr., Paul D. 3 of 3

Abstract

This article provides an overview of the Dormant Commerce Clause (DCC), a rule derived from the Commerce Clause of the U.S. Constitution. The DCC prohibits state laws that hinder interstate trade or favor local interests. The article explains the three tests used to evaluate state laws related to transportation, such as regulations, user fees, and taxes. It also discusses exceptions to the DCC, including the Market Participant Doctrine. The article highlights recent court cases involving tolls on state highways and their impact on the DCC. It concludes by acknowledging the evolving nature of the DCC and its uncertain future. [Extracted from the article]

Additional Information

  • Source:GPSolo. 2023/11, Vol. 40, Issue 6, p33
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:1528-638X
  • Accession Number:174369988
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