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hi im jay from personal bar prep and this is simplified our series designed to simplify tough subjects on the california bar exam today im going to simplify the dormant commerce clause as you know the constitution grants congress the power to regulate interstate commerce and it stands to reason that if congress has the power to regulate interstate commerce that the states likely have no power to regulate interstate commerce and that happens to be the case and the law for that is made up by the court its called the dormant commerce clause the dormant commerce clause tells us that where congress is silent with respect to an issue in interstate commerce then the states may regulate interstate commerce so long as they do not unduly burden interstate commerce so any state regulation that affects commerce raises a dormant commerce clause problem now the analysis goes like this the state law may not unduly burden interstate commerce the undue burden test is always a balancing test and in