contestada

In 2001, puerto rico enacted a law that requires specific labels on cement sold in puerto rico and imposes fines for any violations of these requirements. the law prohibits the sale or distribution of cement manufactured outside puerto rico that does not carry a required label warning that the cement may not be used in government-financed construction projects. antilles cement corp., a puerto rican firm that imports foreign cement, filed a complaint in federal court, claiming that this law violated the dormant commerce clause. (the dormant commerce clause doctrine applies not only to commerce among the states and u.s. territories, but also to international commerce.) did the 2001 puerto rican law violate the dormant commerce clause

Respuesta :

mooreorlando727

The Dormant Commerce Clause is not found in the Constitution, however, it allows the US federal government to regulate commerce within the states, US territories, and international commerce. Therefore, When any state law contrasts with the Commerce Clause, the dormant commerce clause takes effect. Now in this situation, Puerto Rico is restrained from enforcing any laws concerning commerce, since it is still under "US territories, the control to exercise such is left to the US government. So, based on this facts, I will say YES the Puerto Rican law broke the dormant commerce clause. Puerto Rico as a US territory does not have the power to regulate the cement labels because this law concerns commerce.

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