Constitutional Law
Dormant Commerce Clause
Definition
The dormant commerce clause (or negative commerce clause) is a judicial inference that the Commerce Clause, by granting Congress the power to regulate interstate commerce, implicitly prohibits states from discriminating against or unduly burdening interstate commerce. State laws that facially discriminate against out-of-state interests are virtually per se invalid. Facially neutral laws that incidentally burden interstate commerce are evaluated under the Pike balancing test, weighing the local benefits against the burden on interstate commerce.
Example
A state bans the import of out-of-state waste but allows in-state waste to be dumped freely. This discriminatory law likely violates the dormant commerce clause.