Under the touch on protection clause of the Fourteenth Amendment, a state whitethorn non "deny to any person within its legal power the equal protection of the law (Clarkson, Miller, Jentz, & Cross, 2004, p. 90)." In matters of social and economical welfare, a state may puzzle commerce if at that place is any conceivable rational basis on which the compartmentalization might relate to a legitimate government interest. For example, a urban center ordinance that effectively prohibits all push scuff vendors except a few from operating in a specific area of the city will be upheld if the city provides a rational basis for the ordinance. In the case of rarefied higher taxes on out-of-state companies doing business in the state than is impose on in-state companies, while it may be possible to dilute such a tax, the fact of the matter is that states do not have the authority in any way to regulate interstate highway commerce.
The dormant commerce clause as this is referred to comes into black market when state regulations impinge on interstate commerce (Clarkson, et al, 2004). By imposing a higher tax on a select group of companies, the state is effectively attempting to regulate interstate commerce and while this might protect in-state businesses, it is an action that impinges upon the grievous bodily harm authority of the national government to regulate commerce that well affects trade and commerce among the states. Such a p
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olicy therefore would not be allowed.
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