Dormant
Commerce Clause
According to the court in ALA v. Pataki, laws that do not
discriminate against out-of-state commerce, but impose burdens on that
commerce are struck down if:
1) the burdens imposed on interstate commerce clearly exceed any local
benefits (the Pike balancing
test);
or
2) the law has an impermissible extraterritorial effect because it
projects state law into conduct that occurs wholly outside the state;
or
(3) there is a need for uniform federal standards because otherwise
there is a danger that conduct could be subjected to inconsistent
standards by different states.
According to the court in Washington
v. Heckel, only the first standard is utilized and the second
and third tests are aspects of the burden imposed on interstate
commerce.