Back to Questions
The Title 28 of the United States Code QUESTION #3744
Question 1
A state passes a law that prohibits the sale of any out-of-state milk that does not meet a specific 'purity standard' that is much higher than the federal standard. The law effectively stops all out-of-state milk sales. This law is likely unconstitutional under:
  • The Tenth Amendment.
  • The Dormant Commerce Clause.✔️
  • The Privileges and Immunities Clause.
  • The Supremacy Clause.
Correct Answer Explanation
The Dormant Commerce Clause prohibits states from passing legislation that discriminates against or unduly burdens interstate commerce.