Multistate Bar Examination Practice Question

The strongest constitutional argument against the state's law is the negative implications of the commerce clause, also called the Dormant Commerce Clause. This principle bars states from enacting regulations that unduly burden or discriminate against interstate commerce. The law at issue clearly discriminates against out-of-state trucking companies by imposing a fee on them while exempting in-state companies, thus favoring local economic interests over non-local businesses. Regulations like this are facially discriminatory and presumptively unconstitutional unless the state can show that the law serves a legitimate local interest and that no less discriminatory alternative is available. Other options are incorrect because the privileges and immunities clause only protects individual citizens, not corporations, and the taxing power of states does not extend to discriminatory practices in violation of the commerce clause.