A detailed treatment of that complicated history is beyond the scope of this essay, but in 1970 in Pike v. Bruce Church, Inc., the Court consolidated its dormant Commerce Clause jurisprudence into ...

Mallory v. Norfolk Southern Railway Co. returns "dormant commerce" doctrine to the field—a place it occupied for several decades in the twentieth century, before being swept away and largely ...

Later commentary began referring to this idea as the “dormant foreign affairs doctrine,” associating it with the dormant commerce clause doctrine ... post-ratification history does not support ...

That does not sound very democratic, and it is not. Fortunately, the Supreme Court has a doctrine — the dormant commerce clause — that prevents states from exercising authority beyond their ...