Because a state has a duty to protect its citizens and a right to regulate intrastate commerce,a law prohibiting the direct sale of goods to its citizens by out-of-state retailers is constitutionally valid as long as the sale can be made to in-state wholesalers who then sell to the state's citizens.

Question

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The Dormant Commerce Clause of the U.S. Constitution restricts states from passing legislation that discriminates against or excessively burdens interstate commerce. A law prohibiting direct sales by out-of-state retailers while allowing in-state wholesalers to sell would likely be seen as discriminatory against interstate commerce.

Because a State Has a Duty to Protect Its Citizens