T-Minus 7

Dormant Commerce Clause - A state may not regulate those areas of interstate commerce expressly regulated by Congress. However, in the absence of such regulation, a state may regulate interstate commerce in a non-discriminatory way so long as it does not unduly burden interstate commerce. A discriminatory regulation will be held invalid, subject to three exceptions. First, if the state is acting as a market participant, and not a regulator. Second, if the discriminatory law serves a state police interest that is non-economic, and there is no reasonable non-discriminatory means of accomplishing that objective. Third, the Supreme Court gives more deference to state regulation that discriminates in favor of activities traditionally performed by the government.