Legal Question in Business Law in California

Business Law

If state A require you have to package good in instate facilities before shippin but state B does not is state A law constitutional


Asked on 2/05/09, 9:56 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Business Law

There is no requirement that the laws of two states be compatible in order for both laws to be constitutional.

Whether a particular packaging requirement imposed by State X is constitutional or represents an unconstitutional burden on interstate commerce would be decided by the courts after examining whether State X was protecting a legitimate interest or merely trying to favor producers within its own boundaries. Many such laws have been found unconstitutional, but by no means all.

In order to give you even a guess as to the constitutionality of a given law, a lawyer would need to review the law itself, its legislative history (to determine its alleged purpose), and hear or read the arguments for and against its adoption, fairness and impacts on commerce.

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Answered on 2/07/09, 5:13 pm


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