When regulating interstate commerce, states must avoid which without justification?

When regulating interstate commerce, states must avoid which without justification?

• A. They may regulate intrastate matters
• B. They may regulate interstate commerce freely
• C. They must not unduly burden or discriminate against out-of-state commerce without justification
• D. They cannot regulate interstate commerce at all

Answer: (C)

The key idea is the Dormant Commerce Clause: states cannot enact laws that discriminate against or impose an undue burden on interstate commerce. When a regulation affects out-of-state goods or businesses, the state must show a legitimate local interest and that the regulation is not more burdensome than necessary, or that there are no reasonable non-discriminatory alternatives. If a law is facially discriminatory against out-of-state interests or imposes a heavy, unreasonable burden on cross-border trade without a strong justification, it will fail. This is why the best answer says states must not unduly burden or discriminate against out-of-state commerce without justification. In contrast, states may regulate intrastate matters and may regulate interstate commerce only to the extent that such regulation is even-handed and not unduly burdensome in light of the local benefits.

The key idea is the Dormant Commerce Clause: states cannot enact laws that discriminate against or impose an undue burden on interstate commerce. When a regulation affects out-of-state goods or businesses, the state must show a legitimate local interest and that the regulation is not more burdensome than necessary, or that there are no reasonable non-discriminatory alternatives. If a law is facially discriminatory against out-of-state interests or imposes a heavy, unreasonable burden on cross-border trade without a strong justification, it will fail. This is why the best answer says states must not unduly burden or discriminate against out-of-state commerce without justification.

In contrast, states may regulate intrastate matters and may regulate interstate commerce only to the extent that such regulation is even-handed and not unduly burdensome in light of the local benefits.