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12 Cards in this Set

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Balancing Test (skewed)
Once a state law is shown to discriminate against state commerce "either on its face or in practical effect," the burden falls on the State to demonstrate both that the statute "serves a legitimate purpose," and that this purpose could not be served as well by available nondiscriminatory means.
Carborne v. Clarkstown
p. 397
State fishery is unique and unusually fragile - similar to NJ v. Philly case. trying to create a wall at its border to prevent pollution and garbage from coming into its state
Maine has special resources fishery, unique and fragile that magnifies or intensifies the state's interest in the balance
Main point
skewed - this case is an example where the state might see that
Hunt v. Washington
apple grading restriction

state law req that any apply shipped in state bears no grade other than the national grade or standard
1. Is the state law discriminatory on its face?

2. Do we use regular or "skewed" test?
1. Start w/balancing test.

2. To use skewed, the state action needs to be discriminatroy.

The state law here is not discriminatory -

State of Washington has this very important product, apples. WA, to promote its apples, knowing that it has the best apples, created its own stds, US stds were not good enuf.

Maj of justices say that given that WA does produce such great apples and has own stds, diff/more rigorous than US stds.....this law will have a discriminatory effect, b/c WA will no longer be able to identify their apples as WA state apples.

WA state apple producers will lose their competitive advantage.

Here, we must skew the balancning test agatinst the state.
Can the answer to the balancing test be "it is unclear?"
Yes. Whether the law is disctiminatory on its face or..... can be disputed. Your answer may be that "it is unclear." either way you have to identify state and national interest and decide if you need to use the regular or skewed balancing test
Why was NC law passed?
This N.C. law was passed b/c of that state's apple growers, had their own assoc. and lobbyists put pressure on the state....this law is to the detriment of many in the state ...the apple consumers...can no longer identify WA apples v. NC apples. There is no "apple eaters assoc.", so no pressure from them to state legislature and therefore the apple growers are virtually unopposed.
Is the state action rational or rationally related to a legitimate end?
In the end, it is always rational and the means are legitimate
If we have a nondisrciminatory state action, occassionally though rarely, courts will use a highly defferntial rational basis test instead of the more commmon even balancing test.
Dormant Commerce Clause
the principle that state and local laws are unconstitutional if they place an undue burden on interstate commerce.
What is the issue w/Dormant Commerce Clause?
1. If congress has legislated, the issue is whether the federal law preemts the state or local law.

2. Even if Congress has not actor or no preemption is found, the state or local law can be challenged on the ground that it excessively burdens commerce amoung the states.
Explanation of answer 2 from previous notecard.
even if Congress has not acted, even if its commerce power lies dormant, state and local laws can still be challeged as unduly impeding interstate commerce.

The doctrine is that the Commerce Clause, by its own force and w/out nat'l legislation, puts into the power of the Court to place limits on state authority.