A state legislature passed a law requiring freight carriers moving goods through its borders to pay a special fee designed to fund state highway maintenance. The fee applies to both in-state and out-of-state freight carriers equally. A national freight association objects to the law, alleging that it impermissibly interferes with interstate commerce. Is the state's law constitutional?
Yes, because the fee funds a legitimate state interest in highway maintenance and applies equally to all carriers.
Yes, because the Tenth Amendment grants states the authority to regulate commerce within their borders.
No, because the Supremacy Clause prohibits any state regulation of interstate commerce.
No, because the law imposes a burden on interstate commerce that outweighs its benefit to the state.
The correct answer is based on the Dormant Commerce Clause, a principle that prevents state legislation from unduly burdening or discriminating against interstate commerce. While the fee applies equally to in-state and out-of-state carriers, the court will consider whether the burden it imposes on interstate commerce is excessive when weighed against the state's interest in maintaining its highways. If the burden outweighs the benefit or if the state could achieve its goal via less burdensome means, the law is invalid. Incorrect answers fail to acknowledge this balancing test or misstate how the Dormant Commerce Clause applies.
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