Difference between revisions of "Pike v. Bruce Church"

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(New page: In ''Pike v. Bruce Church, Inc.'', 397 U.S. 137, 142 (1970), the U.S. Supreme Court adopted a test for state or local taxes "directed to legitimate local concerns, with effects upon in...)
 
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Revision as of 19:31, August 25, 2007

In Pike v. Bruce Church, Inc., 397 U.S. 137, 142 (1970), the U.S. Supreme Court adopted a test for state or local taxes "directed to legitimate local concerns, with effects upon interstate commerce that are only incidental."[1]

Under the Pike test, the Court will uphold a nondiscriminatory statute "unless the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits."[2]

References

  1. ↑ Philadelphia v. New Jersey, 437 U.S. at 624.
  2. ↑ Pike, 397 U.S. at 142; Northwest Central Pipeline Corp. v. State Corporation Comm'n of Kan., 489 U.S. 493, 525-526 (1989).