Question

In 2001, Puerto Rico enacted a law that requires specific labels on cement sold in Puerto Rico and imposes fines for any violations of these requirements. The law prohibits the sale or distribution of cement manufactured outside Puerto Rico that does not carry a required label warning that the cement may not be used in government-financed construction projects. Antilles Cement Corp., a Puerto Rican firm that imports foreign cement, filed a complaint in federal court, claiming that this law violated the dormant commerce clause. (The dormant commerce clause doctrine applies not only to commerce among the states and U.S. territories, but also to international commerce.) Did the 2001 Puerto Rican law violate the dormant commerce clause? Why or why not?

Answer 1

Answer:

Yes, because one can't restrict trade between states.

Explanation:

Justice Rutledge said that "Congressional control over commerce practiced completely without regard to coordinated government action was not limited, except where specifically given by the Constitution, by any restriction that prohibits it from discriminating towards interstate trade or commerce and in preference to local trade.

Its legislative range allows Congress not just to encourage but to also ban interstate trade, since it has accomplished often and for a large number of reasons.