help for struggling law student

[historian]

Can anyone pls help with this? The dormant commerce clause is not actually written into the constitution but is an implied clause. If im correct, then until the supreme court rules on exactly what it means and which elements needed to be satisfied (substantial nexus etc..)in order for the clause to be valid then it can be challenged constantly sometimes to the plaintiffs benefit and sometimes not. Does this make sense or am i being stupid?????? thanks

[no_hypocrisy]

1. I had to study that too in law school. Still can't explain it. Here's some Wiki for you though.

http://en.wikipedia.org/wiki/Dormant_Commerce_Clause

[historian]

2. thanks but...

what im trying to understand is whether something the dormant clause can be applied on its own. In interstate and internet taxing for example. If you can help on this you have my eternal gratitude

[no_hypocrisy]

5. I'm not good at all. Here's a Yale Law Review article re. DCC and internet

http://www.yalelawjournal.org/110/5/785_jack_l_goldsmith_alan_o_sykes.html

[MrCoffee]

3. we had it easy...

all we had to look for was 1) is the state law facially discriminatory? if not, then balance the burden on interstate commerce with the state interest.

the exam had a facially discriminatory example. my con law teacher wasn't a complete sadist.


best of luck.

[historian]

4. is there such a thing?

A humane law professor?????