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5 Cards in this Set
- Front
- Back
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Dormant Commerce
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In the absence of federal regulation, a state or local government may regulate interstate commercial activities, provided that the regulation does not discriminate against or unduly burden interstate commerce
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DC 2/ out of state actors
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state or local regulation that discriminates against out of state economic actors or activities must meet strict scrutiny
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DC 3/ balance
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A non-discriminatory regulation will be invalid if the burdens on interstate commerce outweigh the benefits in further a legitimate government interest
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DC 4
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state taxes that discriminate against out of state businesses will be valid only if 1) taxed activity has a substantial nexus to the sate and 2) the tax is fairly apportioned to apply only to the taxpayers business activities within the state
Exceptions: congressional authorization/ market participant: buying or selling products. Hiring; may choose to stay in the state |
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Privileges and Immunities
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State and local government cannot explicitly discriminate against out of state citizens as to the important economic activities or civil liberties.
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