Home › MCQs › US Federal Constitution › Question #5814
Back to Questions
US Federal Constitution QUESTION #5814
Question 1
A state passes a law prohibiting the importation of out-of-state 'solid waste' to protect the health and safety of its citizens and to preserve its remaining landfill space. Is this law constitutional?
  • Yes, because health and safety are legitimate exercises of the state's police power.
  • Yes, because the state is acting as a 'market participant' in managing its landfills.
  • No, because it violates the Negative Implications of the Commerce Clause by discriminating against out-of-state commerce.✔️
  • No, because it violates the Privileges and Immunities Clause of Article IV.
Correct Answer Explanation
A state law that is facially discriminatory against out-of-state commerce is virtually per se invalid under the Dormant Commerce Clause unless the state can show it serves a legitimate local purpose that cannot be served by non-discriminatory means. Landfill space preservation is not sufficient to justify a ban on out-of-state waste.