| − | The '''"negative" Commerce Clause''', or "dormant"<ref>The supporters of the judicial doctrine tend to call it the "dormant" Commerce Clause, while its critics tend to call it the "negative" Commerce Clause. ''See infra'' n.2.</ref> Commerce Clause, is a judicial doctrine that invalidates state laws burdening interstate commerce even in the absence of any conflicting federal law. The principle is that the [[Commerce Clause]] keeps the field clear for Congress should it ever decide to regulate such interstate commerce. | + | The '''"negative" Commerce Clause''', or "dormant"<ref>The supporters of the judicial doctrine tend to call it the "dormant" Commerce Clause, while its critics tend to call it the "negative" Commerce Clause. ''See, e.g.'', ''Direct Mktg. Ass'n v. Brohl'', 135 S. Ct. 1124, 1127 (2015) (Justice Thomas, a critic of the dormant Commerce Clause, referring to it as the "negative Commerce Clause": "But under our negative Commerce Clause precedents, Colorado may not require retailers who lack a physical presence in the State to collect these taxes on behalf of the Department.") (citing [[Quill Corp. v. North Dakota]], 504 U. S. 298, 315-18 (1992)); ''see also infra'' n.2.</ref> Commerce Clause, is a judicial doctrine that invalidates state laws burdening interstate commerce even in the absence of any conflicting federal law. The principle is that the [[Commerce Clause]] keeps the field clear for Congress should it ever decide to regulate such interstate commerce. |
| | The Negative or Dormant Commerce Clause prevents states from favoring local business interests or imposing undue burdens on interstate commerce. | | The Negative or Dormant Commerce Clause prevents states from favoring local business interests or imposing undue burdens on interstate commerce. |