I think I understand the clause itself, but I'd like to develop some intuitive understanding of why Marshall used the word "dormant." I read the quotes of his decisions where he introduced the word, and I just don't get it. Here is a definition of the concept:

Dormant commerce clause refers to a constitutional principle that is inferred from the commerce clause. The dormant commerce clause provides that the exclusive power granted to Congress through [the] commerce clause implies a negative consequence. The negative consequence is a restriction prohibiting a state from passing legislation that improperly discriminates against interstate commerce. Therefore, the dormant commerce clause limits the power [of] individual states to legislate on such matters. [The] Dormant commerce clause is not an express clause in the U.S. Constitution. It is, rather, a doctrine developed by the U.S. Supreme Court. The dormant clause doctrine is also known as negative commerce clause. USLegal.com.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.