Balancing and Proportionality in US Commerce Clause Cases - Legal Issues of Economic Integration View Balancing and Proportionality in US Commerce Clause Cases by J.H. Mathis - Legal Issues of Economic Integration Balancing and Proportionality in US Commerce Clause Cases J.H. Mathis 35 3

The US dormant commerce clause doctrine allows for a true balancing test between legitimate state objectives and the burdens placed upon commerce.However, the doctrine relies strongly on ‘pre–screening’ facts to determine whether or not a law is discriminatory. The difference between a law that is de facto discriminatory and one which is ‘even handed’ but incidentally burdens commerce is a fine line, and it is not clear in the US practice that the courts have been able to give the doctrine a consistent effect over time.

Legal Issues of Economic Integration