The use of states dormant commerce clause for the protection of citizens health and safety

Town of Babylon, 66 F. The essential vice in laws of this sort is that they bar the import of the processing service. The Court's taxation decisions thus "reflected a central concern of the Framers that was an immediate reason for calling the Constitutional Convention: the conviction that in order to succeed, the new Union would have to avoid the tendencies toward economic Balkanization that had plagued relations among the Colonies and later among the States under the Articles of Confederation.

The Town of Clarkstown had decided that it wanted to promote waste assurance through a local private transfer station.

The use of states dormant commerce clause for the protection of citizens health and safety

Similarly, Congress has the power itself under the Commerce Clause to regulate and sanction states acting as "market participants", but it lacks power to legislate in ways that violate Article IV. Darby, U. The Spector rule against privilege taxes had come to operate only as a rule of draftsmanship, and served only to distract the courts and parties from their inquiry into whether the challenged tax produced results forbidden by the Commerce Clause. Employers, Inc. Maryland , U. In short, it was as if the authors of the ordinance had gone to a treatise on the commerce clause and intentionally chosen a device which had been traditionally prohibited. Moreover, what constitutes "interstate" commercial activity has also been subject to consistent debate. Navajo Freight Lines U. The decisions of this court will also, in my opinion, when carefully examined, be found to sanction the construction I am maintaining. North Dakota , U.

Town of Clarkstown, New York In the s, spurred by RCRA 's emphasis on comprehensive local planning, many states and municipalities sought to promote investment in more costly disposal technologies, such as waste-to-energy incinerators, state-of-the-art landfills, composting and recycling.

Exceptions[ edit ] There are two notable exceptions to the dormant Commerce Clause doctrine that can permit state laws or actions that otherwise violate the Dormant Commerce Clause to survive court challenges. County of Los Angeles, U. The Supreme Court rejected the notion that administrative convenience was a sufficient defense for subjecting foreign commerce to a higher tax burden than interstate commerce.

foreign commerce clause

Similarly, Congress has the power itself under the Commerce Clause to regulate and sanction states acting as "market participants", but it lacks power to legislate in ways that violate Article IV.

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Commerce Clause