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02.27.2008 LPP 255 Class # 13

02.27.2008 LPP 255 Class # 13 - Does the Stowe Vermont...

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Constitutional Law – Commerce Clause Art. I, Sec. 8 definition Broad Interpretation of Commerce Clause
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Commerce Clause (cont’d) State Police Powers Positive vs. Dormant Aspect
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Commerce Clause (cont’d) Dormant Commerce Clause If state or local law interferes with interstate commerce, is it constitutional? What is the test?
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Problem 5-1 How would you do an IRAC analysis of this problem?
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Sample Problem Stowe, Vermont passed an ordinance prohibiting truck traffic during late-night hours at a truck terminal loading and unloading facility. It did so to reduce noise and fumes for the benefit of town residents. The truck terminal had been in operation for several years. Most of the trucks came five miles from an interstate highway to change loads. The truckers contested the regulation, claiming that it was unconstitutional. Was the ordinance unconstitutional? Issue The dormant aspect of the commerce clause
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Unformatted text preview: Does the Stowe, Vermont ordinance violate the dormant aspect of the commerce clause? Rules Discuss the commerce clause Discuss the dormant aspect Application Connect rules to fact pattern Discussion of burden vs. benefit Conclusion Positive v. Dormant Aspect When examining a fact pattern, how do you know if the issue is whether the positive aspect of the commence clause has been violated such that the law in question is unconstitutional or whether the dormant aspect of the commerce clause has been violated such that the law in question is unconstitutional? If Congress has enacted a law and someone is challenging, that person is challenging the positive. State or county affects on interstate commerce puts dormant aspect into play. When Congress makes a law, that is federal law. When it is a state, it is state law....
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