Further claims could be based on the dormant commerce clause, Substantive Due Process, or the Equal Protection Clause.

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But the dormant Commerce Clause runs smack into the principles of states' rights and local control that conservatives normally support.

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Under the so-called "dormant Commerce Clause" doctrine (dormant because it isn't actually written anywhere) the Supreme Court has interpreted the Commerce Clause in the Constitution, which gives Congress the sole right to regulate interstate commerce, as a mandate to strike down state laws that interfere with same.

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Recently, a California tax break was struck down as a violation of the Dormant Interstate Commerce Clause.

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And, if passed, the law will likely be crushed under the weight of the Dormant Interstate Commerce Clause.

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