Write 1 page essay on the topic How does being a market participant affect the right of a state to discriminate against out-of-state businesses Is such discrimination justified Include proper in-text

Write 1 page essay on the topic How does being a market participant affect the right of a state to discriminate against out-of-state businesses Is such discrimination justified Include proper in-text citations in APA format to support your answer.

Being a market participant has a massive impact on the right of a state to discriminate against out-of-state businesses. In the interest of national political stability, a state cannot impose restrictions on goods and services from other states with the state being a proprietor of the same goods and services. This is in earnest of safeguarding against retaliatory measures to the state from other states which could adversely impact on national interests and relations. Essentially the doctrine of market participation stipulates that a state participating as a producer or seller of a good or service cannot regulate the same products from another state. Contrary to this, the state will be in violation of the cardinal requirement of commerce indiscrimination (Blond 2009). Further more, the fact that a state is a market participant deprives it of the right to regulate the economic advantage of the interstate commerce. Imposition of a regulatory measure would imply a disparity in the treatment of other producers which categorically excludes them from commerce. More over, market discrimination is a barrier to the national economic market envisioned in the Dormant commerce Clause of the constitution. In effect any alleged discriminative policy enacted by a state should be placed under a strict constitutional scrutiny to establish its compelling state purpose. In the advent the policies are not justified to be unrestrictive they should be deemed per se invalid (Blond 2009).

Market discrimination cannot be justified. Irrevocably it is an illegal action which is against the laws of the land. According to the constitutional commerce clause, a market participant is prohibited from imposing any economic protectionism which is designed as a regulatory measure benefiting interstate interests while burdening the out-of state competitors. In addition, the commerce clause confers upon only the congress the right