MY NOTES: Business Organizations | Constitutional Law I | Copyright Law | Evidence | Wills and Trusts

Dean Milk Co. v. Madison, 340 U.S. 349 (1951) p.281


dormant commerce clause


A Madison, Wisconsin, ordinance barred the sale of pasteurized milk unless it had been processed and bottled at an approved pasteurization plant within five miles of the central square of Madison.


The highest state court rejected the commerce clause attack. The USSC concluded that the ordinance imposes an undue burden on interstate commerce.


Whether the discrimination inherent in the Madison ordinance can be justified in view of the character of the local interestand the availale methods of protecting them.


The regulation must yield to the principle that "one state in its dealing with another may not place itself in a postion of economic isolation."


This regulation in practical effect excludes from distribution in Madison wholesome milk produced and pasteurized in Illinois. In thus errection an economic barrier protectina major local industry against competition from without the State, Madison plainly discriminates against interstate commerce.


Being a health measuer is not enough; must have met the test if no reasonable and adequate alternatives were available. There were reasonable and adequate alternatives available.

Created on: Monday, October 18, 1999 at 15:51:56 (PDT)

Copyright © Thompson Resources, 1999, all rights reserved.