Get $200 off a Qbank or more* see details

MBE® Flashcard

IF A STATE LAW MERELY INCIDENTALLY BURDENS INTERSTATE COMMERCE, WHAT MUST THE STATE SHOW TO HAVE THE LAW UPHELD?

 

The law will be upheld unless the burden imposed on interstate commerce clearly outweighs the local benefits. The state must show:

  • the regulation furthers a legitimate state interest;

  • the law is rationally related to that legitimate state interest; and

  • the state’s interest in enforcement outweighs the burden on interstate. 

............................................................................................

 

 

Daily MBE Flashcards from PMBR help you stay sharp for the bar exam with one fact a day. If you're not already receiving them, click here to signup for free. 

Ready for more intense practice?

The PMBR Qbank Enhanced includes 700 Flashcards and 2,000 practice questions with detailed explanations. Learn More