Multistate Bar Examination Practice Question

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.