Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

This refusal to do business with AZ, does it violate the Dormant Commerce Clause?

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 02:53 PM
Original message
This refusal to do business with AZ, does it violate the Dormant Commerce Clause?
Edited on Thu May-13-10 02:59 PM by AngryAmish
<http://en.wikipedia.org/wiki/Dormant_Commerce_Clause>

It has been very long since I studied this issue (and didn't understand it when I did) but I thought a state (or division thereof) can't discriminate against another state when contrscting. So Illinois can't say we won't do business with Wisconsin businesses since the Packers keep pounding the crap out of the Bears. So how can the City of LA say we won't do business with AZ businesses since they are racist fucks?

on edit, or the Priviledges or Immunities Clause? BUILDING TRADES V. MAYOR OF CAMDEN, 465 U. S. 208 (1984)
Printer Friendly | Permalink |  | Top
sui generis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 02:57 PM
Response to Original message
1. I guess Arizona will have to sue them or something . . . .
hope they don't get a 1st generation American judge . . . .

Printer Friendly | Permalink |  | Top
 
KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 02:59 PM
Response to Original message
2. That would open up several jumbo-size cans of worms
New York state, for instance, has had problems with Indian nations within its borders selling tax-free cigarettes. If this were to be applied, NYS can wave bye-bye to $millions in tobacco tax.
Printer Friendly | Permalink |  | Top
 
AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 03:00 PM
Response to Reply #2
3. How so?
Printer Friendly | Permalink |  | Top
 
KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 03:06 PM
Response to Reply #3
4. Like this
The premise of the doctrine is that the U.S. Constitution reserves for the United States Congress at least some degree of exclusive power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8). Therefore, individual states are limited in their ability to legislate on such matters.
Printer Friendly | Permalink |  | Top
 
AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 03:14 PM
Response to Reply #4
5. Indian law gives me headaches
But each tribe generally has a series of treaties that regulate them doing business with the US and the several states. You would have to look at what the treaties says about smokes. But if NY says we are going to tax Iriquois smokes at $1 and others at $2, then it would be violating the actual Commerce Clause. (as you quote above)

But assuming the treaties are silent on smokes, and NY taxed Indian smokes at $1 and every other states smokes at $.5 then that would violate the Dormant Commerce Clause I think.
Printer Friendly | Permalink |  | Top
 
roakes10190 Donating Member (46 posts) Send PM | Profile | Ignore Thu May-13-10 03:26 PM
Response to Original message
6. commerce clause
The commerce clause prevents states from discriminating against out-of-state persons to the advantage of its own citizens. A violation of the commerce clause triggers the equal protection clause and presents a constitutional violation, reviewable by the Supreme Court.
Printer Friendly | Permalink |  | Top
 
Rex Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 03:29 PM
Response to Original message
7. I'm sure this will all end up in the SCOTUS one day.
Printer Friendly | Permalink |  | Top
 
JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 03:30 PM
Response to Original message
8. Oh, no. that one. The part of Constitutional law that I hated the
absolute most.
Printer Friendly | Permalink |  | Top
 
damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 03:40 PM
Response to Original message
9. So how is AZ going to effectively bring the conventions there?
Filing lawsuits just wont hack it.

Meanwhile, I will keep on boycotting AZ.
Printer Friendly | Permalink |  | Top
 
AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 03:44 PM
Response to Reply #9
10. There never is a problem with private entities that boycott
But when a state (or subdivision therof) starts doing stuff that discriminates then the constitution gets involved. Now after some more reading the Dormant Commerce Clause is likely not violated (market participant theory) but then there are equal protection problems - see City of Camden.
Printer Friendly | Permalink |  | Top
 
X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 03:53 PM
Response to Original message
11. Interesting question..
But I wonder if, since those actions don't favor in-state over out-of-state, does the precedent apply?
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Fri Apr 26th 2024, 04:12 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC