ND Bar Practice Questions - North Dakota Bar Examination Exam

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A North Dakota statute imposes a tax on out-of-state trucking companies but exempts in-state companies performing identical services. An out-of-state carrier challenges the tax. Under the dormant Commerce Clause, the tax is most likely:

Valid, because states may always tax businesses operating within their borders Invalid, because it facially discriminates against interstate commerce and cannot survive the rigorous scrutiny that applies Valid, because the tax serves a legitimate revenue-raising purpose Invalid only if Congress has expressly preempted state trucking taxes

Correct Answer:

Invalid, because it facially discriminates against interstate commerce and cannot survive the rigorous scrutiny that applies

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