If the federal government has chosen not to regulate an area of commerce despite possessing the Commerce Clause powers to regulate it, the area is subject to Dormant Commerce Clause.

Question

Quizplus · Accepted Answer

The Dormant Commerce Clause principle holds that the absence of federal regulation of an area of interstate commerce does not mean that states cannot regulate it. Therefore, if the federal government has the constitutional authority to regulate an area of commerce but chooses not to, the states may still be subject to limitations imposed by the Dormant Commerce Clause.

If the Federal Government Has Chosen Not to Regulate an Area