What is the Dormant Commerce Clause?

• A. The restriction on states that unduly burden or discriminate against interstate commerce
• B. The power to regulate interstate commerce by Congress
• C. The requirement of uniform national standards in trade
• D. The prohibition on tariffs between states

Answer: (A)

The Dormant Commerce Clause is the implied restriction that prevents states from enacting laws that impede interstate commerce or discriminate against out-of-state interests. It stems from Congress’s power to regulate interstate trade, so even without an active federal law, states may not favor local over out-of-state interests or impose an undue burden on cross-border commerce.

That’s why the best answer describes the limit as a restriction on states that unduly burden or discriminate against interstate commerce. In practice, a state law that targets out-of-state sellers or imposes significant obstacles to cross-border trade will be struck down unless Congress authorizes it or the state acts as a market participant rather than as a regulator.

As for the other options, they describe related concepts (the federal power over interstate commerce, notions of uniform national standards, or tariffs) but do not capture the specific negative limit on state regulation that the Dormant Commerce Clause embodies.