Dormant Commerce Clause

E938882

United States constitutional law doctrine constitutional doctrine

The Dormant Commerce Clause is a constitutional doctrine inferred from the Commerce Clause that restricts states from enacting legislation that discriminates against or unduly burdens interstate commerce.

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All labels observed (3)

Label	Occurrences
Dormant Commerce Clause canonical	4
dormant Commerce Clause	1
negative Commerce Clause	1

How this entity was disambiguated

This entity first appeared as the object of triple T11647688 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.

NED1 Entity disambiguation (via context triple) gpt-5-mini-2025-08-07

Target entity: Dormant Commerce Clause
Context triple: [Cooley v. Board of Wardens, hasLegalIssue, Dormant Commerce Clause]

A. Indian Commerce Clause
The Indian Commerce Clause is a provision of the U.S. Constitution granting Congress exclusive authority to regulate trade and affairs with Native American tribes.
B. Indirect Tax Clause of the United States Constitution
The Indirect Tax Clause of the United States Constitution authorizes Congress to levy duties, imposts, and excises that are uniform throughout the United States, forming the basis for many federal consumption and transactional taxes.
C. Interstate Commerce Act anti-discrimination provisions
The Interstate Commerce Act anti-discrimination provisions were federal rules that prohibited unequal treatment of passengers and shippers by interstate carriers, forming a key legal basis for challenging segregation and other discriminatory practices in transportation.
D. Antimonopoly Act
The Antimonopoly Act is Japan’s primary competition law that prohibits monopolistic practices, unfair trade restraints, and abuse of market power to promote fair and free competition.
E. Reports on the relation of state incorporation laws to corporate concentration
"Reports on the relation of state incorporation laws to corporate concentration" is an early 20th-century investigative study by the U.S. Bureau of Corporations analyzing how differing state incorporation statutes influenced the growth and power of large corporations and trusts.
F. None of above. chosen
G. Unsure - the case is ambiguous/there is not enough information to decide.

NED2 Entity disambiguation (via description) gpt-5-mini-2025-08-07

Target entity: Dormant Commerce Clause
Target entity description: The Dormant Commerce Clause is a constitutional doctrine inferred from the Commerce Clause that restricts states from enacting legislation that discriminates against or unduly burdens interstate commerce.

A. Indian Commerce Clause
The Indian Commerce Clause is a provision of the U.S. Constitution granting Congress exclusive authority to regulate trade and affairs with Native American tribes.
B. Indirect Tax Clause of the United States Constitution
The Indirect Tax Clause of the United States Constitution authorizes Congress to levy duties, imposts, and excises that are uniform throughout the United States, forming the basis for many federal consumption and transactional taxes.
C. Interstate Commerce Act anti-discrimination provisions
The Interstate Commerce Act anti-discrimination provisions were federal rules that prohibited unequal treatment of passengers and shippers by interstate carriers, forming a key legal basis for challenging segregation and other discriminatory practices in transportation.
D. Antimonopoly Act
The Antimonopoly Act is Japan’s primary competition law that prohibits monopolistic practices, unfair trade restraints, and abuse of market power to promote fair and free competition.
E. Reports on the relation of state incorporation laws to corporate concentration
"Reports on the relation of state incorporation laws to corporate concentration" is an early 20th-century investigative study by the U.S. Bureau of Corporations analyzing how differing state incorporation statutes influenced the growth and power of large corporations and trusts.
F. None of above. chosen

Statements (53)

Predicate	Object
instanceOf	United States constitutional law doctrine ⓘ constitutional doctrine ⓘ
alsoKnownAs	negative Commerce Clause ⓘ linked to: Dormant Commerce Clause
appliesTo	interstate commerce ⓘ interstate services and transactions ⓘ interstate transportation of goods ⓘ local ordinances ⓘ state legislation ⓘ state regulations ⓘ
basedOn	Commerce Clause ⓘ
controversy	federalism concerns ⓘ judicial activism concerns ⓘ
enforcedBy	U.S. Supreme Court ⓘ linked to: Supreme Court of the United States
goal	preserve a national economic union ⓘ prevent economic Balkanization among states ⓘ
hasException	congressional authorization exception ⓘ congressional consent to state compacts ⓘ market participant exception ⓘ
inferredFrom	Article I, Section 8, Clause 3 of the U.S. Constitution ⓘ linked to: Article I, Section 8, Clause 3 of the United States Constitution
interpretationIssue	scope of state regulatory authority over commerce ⓘ
jurisdiction	United States ⓘ linked to: United States of America
keyCase	C & A Carbone, Inc. v. Town of Clarkstown ⓘ Cooley v. Board of Wardens ⓘ Dean Milk Co. v. City of Madison ⓘ Gibbons v. Ogden ⓘ Granholm v. Heald ⓘ H.P. Hood & Sons, Inc. v. Du Mond ⓘ Hughes v. Oklahoma ⓘ Kassel v. Consolidated Freightways Corp. ⓘ Maine v. Taylor ⓘ Philadelphia v. New Jersey ⓘ Pike v. Bruce Church, Inc. ⓘ South Dakota v. Wayfair, Inc. ⓘ United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority ⓘ West Lynn Creamery, Inc. v. Healy ⓘ
legalTest	Pike balancing test ⓘ discrimination test ⓘ market participant exception analysis ⓘ
primaryFunction	restrict state regulation of interstate commerce ⓘ
prohibits	discriminatory effect on interstate commerce ⓘ discriminatory purpose in state economic regulation ⓘ economic protectionism by states ⓘ facial discrimination against out-of-state economic interests ⓘ state laws that discriminate against interstate commerce ⓘ state laws that unduly burden interstate commerce ⓘ
relatedConcept	Commerce Clause ⓘ Privileges and Immunities Clause of Article IV ⓘ linked to: Privileges and Immunities Clause Supremacy Clause ⓘ federal preemption ⓘ state police powers ⓘ
sourceType	judicially created doctrine ⓘ
standardOfReview	balancing test for neutral laws with incidental burdens ⓘ strict scrutiny for discriminatory laws ⓘ

How these facts were elicited

Referenced by (6)

Full triples — surface form annotated when it differs from this entity's canonical label.

Cooley v. Board of Wardens → hasLegalIssue → Dormant Commerce Clause ⓘ

Interstate Commerce Clause of the United States Constitution → relatedDoctrine → Dormant Commerce Clause ⓘ

selective exclusiveness doctrine → relatedTo → Dormant Commerce Clause ⓘ

Cooley → relatedDoctrine → Dormant Commerce Clause ⓘ

Dormant Commerce Clause → alsoKnownAs → negative Commerce Clause ⓘ

linked to: Dormant Commerce Clause

Cooley doctrine → relatedTo → dormant Commerce Clause ⓘ