Constitutional Law - Concrete Development Chips Away at Commerce Clause Analysis
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Authors
Maurer, Carmen K.
Issue Date
1981
Volume
14
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Traditionally, the Supreme Court has taken an extremely suspicious view of state action which forces business operations in to the regulating home state,thus placing that state at an economic advantage. Such state activity has been considered irreconcilable with the notion of free access to all domestic markets which underlies the commerce clause. However, in the Reeves, Inc. v. Stakefactual setting, the State of South Dakota took exactly that sort of action which pressures out-of-state entrepreneurs into the home state if they wish to effectively compete. The situation did not, however, prompt traditional commerce clause scrutiny. Instead, the Supreme Court abandoned that fundamental notion in the situation where a state enters the economy as a market participant. In this ruling the Court claimed to find no basis in which to"believe the Commerce Clause was intended to require independent justification for such [state] action."...
Description
Citation
14 Creighton L. Rev. 629 (1980-1981)
Publisher
Creighton University School of Law