dormant commerce clause land use

• City of Hugo v. Nichols, (10th Cir. 2011)

... decisions are unconstitutional under the dormant Commerce Clause and an injunction prohibiting thei... entitled it to management of school trust lands solely for the benefit of public education. 161 F....

• Federal Circuits

• Collective action federalism: a general theory of article I, section 8.

...The General Welfare Clause 2. The Commerce Clause II. THEORY OF THE GENERAL W...The Commerce Clause B. Dormant Commerce Clause C. The General Welfare Clause 1. T... one less bite for someone else, and the land where I build my house becomes unavailable for bui...

• Stanford Law Review
• Vol. 63 Nbr. 1, December 2010

• Camps Newfound/Owatonna, Inc. v. Town of Harrison, 520 U.S. 564 (1997)

... the tax exemption statute violated the Commerce Clause, petitioner filed suit and was awarded summ... by the Town's arguments that the dormant Commerce Clause is inapplicable here, either becau... waste from flowing into the State's landfills, noting that "a State may not accord its own inhab...

• U.S. Supreme Court

• Section 8: Powers of Congress

Clause 1. Power to Tax and Spend . Clause 1. The Congres..., or from oil produced by lessees of state lands, have all been held to be subject to federal taxa... banks, by reference to its powers over commerce, post roads, and fiscal operations, and to its war... the States; that is, the doctrine of the 'dormant' commerce clause, though what is dormant is the co...

• Constitution of the United States (Annotated)

• United States v. Lopez, 514 U.S. 549 (1995)

... to regulate activities in and affecting commerce. In reversing, the Court of Appeals held that, in ... beyond Congress' power under the Commerce Clause. Held: The Act exceeds Congress' Commerce Clause a... to invalidate local law because of the dormant national power. Cooley v. Board of Wardens of Port...A Landholder No.1, Connecticut Courant, Nov. 5, 1787, in 3 Docu...

• U.S. Supreme Court

• Additional Checks and Balances

§ 20.1. Separation of Powers Checks and Balances. § 20.1.1 Having Some Constitutional Government Structure in Place and Operating. § 20.1.1.1 Ensuring the Continuity of Government. § 20.1.1.2 The 1781 Articles of Confederation and Their Replacement by the 1789 Constitution. § 20.1.1.3 Amending the United States Constitution. § 20.1.2 Issues in the Election of Members of the Federal Government. § 20.1.2.1 Presidential Election. § 20.1.2.2 Congressional Elections. § 20.1.3 Impeachment Power of Congress. § 20.1.4 Immunities from Suit . § 20.1.4.1 Congressional Immunities: The Arrest and Speech or Debate Clauses. § 20.1.4.2 Executive Immunities. A. The President. B. Immunity for Lower Federal Officials. § 20.1.4.3 Judicial Immunity and Congressional Interference with the Courts. § 20.1.4.4 ...

... from state action by cases under the dormant commerce clause. These cases typically balance the... vest significant federal power over Western lands and state boundaries, and regarding treaties with ...

• The Path of Constitutional Law

• C & A Carbone, Inc. v. Clarkstown, 511 U.S. 383 (1994)

...: The flow control ordinance violates the Commerce Clause. Pp. 389-395. (a) The ordinance regulates i... solid waste output continues apace and landfill capacity becomes more costly and scarce, state and... that the ordinance violates the dormant Commerce Clause. In my view, however, the town's o...

• U.S. Supreme Court

• As Montville, Maine goes, so goes Wolcott, Vermont? A primer on the local regulation of genetically modified crops.

... restraint on local authority is the Dormant Commerce Clause, which essentially bars states fro... federal law "the supreme Law of the Land"). . (53.) See Fid. Fed. Sav. & Loan Ass'n v. Cues...

• Suffolk University Law Review
• Vol. 43 Nbr. 3, June 2010

• Section 9: Powers Denied to Congress

Clause 1. Importation of Slaves . . Clause 1. The Migr... Warren wrote for the majority, under its commerce power, protect the economy from harm by enacting a... restricted to capitation taxes and taxes on land, or that at most, it might cover a general tax on ... with the import-export clause and with dormant- commerce-clause doctrine. In that view, the Court...

• Constitution of the United States (Annotated)

• West Lynn Creamery, Inc. v. Healy, 512 U.S. 186 (1994)

... the ground that it violated the Federal Commerce Clause, but the state court denied relief. The Sup... lead to less, rather than more, intensive land use. As one scholar noted: "Many people assume tha... the Market-Participant Exemption to the Dormant Commerce Clause, 88 Mich. L. Rev. 395, 479 (1989);...

• U.S. Supreme Court