Dormant CC

Flowchart nodes

• Has Congress spoken on issue?

• Yes

• No

• NO DCC Gibbons

• Could Congress have spoke on matter (Lopez analysis)?

• NO

• No DCC

• Yes

• Does state law discriminate against out-of-staters?

• FACIALLY DISCRIMINATORY (Camps Newfoundland)

• DISCRIMINATORY EFFECT

• NOT AT ALL

• Per se invalid. (need to show incredibly important government purpose)

• Pike Balancing

• Pike Balancing