A state legislature passes a law that prohibits the sale of all single-use plastic bags within the state, citing environmental concerns. The law applies equally to all retailers, regardless of whether their products originate from within or outside the state. A national grocery chain challenges the law, arguing it unconstitutionally burdens interstate commerce. How should the court rule?
- AThe law is unconstitutional if the burden imposed on interstate commerce is clearly excessive in relation to the putative local benefits.
- BThe law is constitutional because Congress has not enacted a conflicting federal law, so the state is free to regulate.
- CThe law is constitutional because it is an environmental regulation, an area traditionally reserved to the states.
- DThe law is unconstitutional because it directly regulates interstate commerce.
Show answer & explanationAnswer & explanation
Correct answer: A. The law is unconstitutional if the burden imposed on interstate commerce is clearly excessive in relation to the putative local benefits.
This scenario involves the Dormant Commerce Clause, which prevents states from enacting laws that discriminate against or unduly burden interstate commerce, even in the absence of federal legislation. When a state law is non-discriminatory (as this one is, applying to all retailers), it is generally upheld unless the burden it imposes on interstate commerce is clearly excessive in relation to the local benefits. This is known as the Pike v. Bruce Church, Inc. balancing test.
Why the other options are wrong
- B. The absence of federal law means the Dormant Commerce Clause applies, which still limits state power to burden interstate commerce.
- C. While environmental regulation is a traditional state power, it's still subject to Dormant Commerce Clause limitations if it burdens interstate commerce.
- D. The law doesn't directly regulate interstate commerce in the sense of setting prices or routes; it's a generally applicable health/safety law with an indirect effect.
Dormant Commerce Clause (Non-Discriminatory)
Limits states' power to enact laws that unduly burden interstate commerce, even if non-discriminatory, using the Pike balancing test.
- Applies when Congress has not acted.
- Non-discriminatory laws are reviewed under the Pike balancing test.
- Burden on interstate commerce must not be clearly excessive relative to local benefits.
Memory trick: Dormant Clause: No state roadblocks on the interstate trade highway.