What is the dormant Commerce Clause concept?
Simply so, what is the difference between the Commerce Clause and the dormant commerce clause?
The dormant commerce clause provides that the exclusive power granted to Congress through commerce clause, implies a negative consequence. Therefore, the dormant commerce clause limits the power individual states to legislate on such matters. Dormant commerce clause is not an express clause in the U.S. Constitution.
Secondly, what is the commerce clause and why is it important? The Commerce Clause is an important aspect of the United States Constitution and, in particular, a source of the scope and limits of the Federal Government's power to regulate the economic activity of the United States.
Herein, what does the commerce clause mean?
Definition of Commerce Clause The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution. The Commerce Clause allocates power to Congress for regulating commerce among states and with foreign nations and Indian tribes.
What is the Spector rule?
The Spector rule (against privilege taxes) had come to operate only as a rule of draftsmanship, and served only to distract the courts and parties from their inquiry into whether the challenged tax produced results forbidden by the Commerce Clause.