Which constitutional provision is commonly invoked to strike down state laws that burden interstate commerce?

Which constitutional provision is commonly invoked to strike down state laws that burden interstate commerce?

• A. Substantive due process
• B. Procedural due process
• C. Ex post facto
• D. Commerce Clause

Answer: (D)

Commerce Clause grants Congress the power to regulate trade between the states, and courts interpret that provision to create a Dormant Commerce Clause that prevents states from enacting laws that burden or discriminate against interstate commerce. When a state law hinders cross-border economic activity, the judiciary will strike it down under this doctrine, unless the state can justify a legitimate local interest and show that the burden on interstate commerce is outweighed or no reasonable alternatives exist. Substantive or procedural due process and ex post facto rules don’t address the regulation of interstate commerce, so they aren’t the basis for striking down such state laws.

Commerce Clause grants Congress the power to regulate trade between the states, and courts interpret that provision to create a Dormant Commerce Clause that prevents states from enacting laws that burden or discriminate against interstate commerce. When a state law hinders cross-border economic activity, the judiciary will strike it down under this doctrine, unless the state can justify a legitimate local interest and show that the burden on interstate commerce is outweighed or no reasonable alternatives exist. Substantive or procedural due process and ex post facto rules don’t address the regulation of interstate commerce, so they aren’t the basis for striking down such state laws.