BizTerm Definition
Dorment Commerce Clause
Short Definition
Restrict states from burdening commerce
Full Definition

The "dormant" Commerce Clause, is also known as the "negative" Commerce Clause, and is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution. The Commerce Clause expressly grants Congress the power to regulate commerce "among the several states." The idea behind the dormant Commerce Clause is that this grant of power implies a negative converse — a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflicting federal statute.


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