Question

The dormant commerce clause is a total prohibition on the right of states to make laws that affect interstate commerce.

a.true
b. false

Answer 1

The dormant commerce clause is NOT a total prohibition on the right of states to make laws that affect interstate commerce.

Step-by-step explanation:

The statement that the dormant commerce clause is a total prohibition on the right of states to make laws that affect interstate commerce is false.

The dormant commerce clause, also known as the negative commerce clause, refers to the restriction on states from passing legislation that discriminates against or unduly burdens interstate commerce. This means that states cannot create laws that favor their own businesses over out-of-state businesses or create unnecessary barriers to interstate trade. However, the dormant commerce clause does not completely prohibit states from making any laws that affect interstate commerce. States can still regulate certain aspects of interstate commerce as long as they do not create a significant burden on interstate commerce or discriminate against out-of-state businesses.

For example, a state can pass a law that requires certain safety regulations for all vehicles, including those that engage in interstate commerce. This regulation affects interstate commerce, but as long as it applies equally to both in-state and out-of-state vehicles and does not create an undue burden on interstate trade, it would not violate the dormant commerce clause.