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38. Are the state's requirements constitutional when applied to a wholly interstate carrier?
A state law requires every motor carrier hauling goods on the state's highways to register with and obtain a permit from the state's transportation commission. The purpose of this requirement is to facilitate application of the state's valid police, welfare, and safety regulations to carriers using the state's highways. The fee for registration is nominal, and the commission has no discretion to deny a permit to a carrier that properly registers and pays the registration fee.
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A is incorrect. A nondiscriminatory state law is not subject to the requirement of being necessary to achieve the state's interest. The only requirement is that the law not be a clearly excessive burden on interstate commerce.
B is incorrect. The state law's requirement to register and obtain a permit presents a minimal burden on carriers and does not discriminate against interstate commerce.
D is incorrect. The «compelling interest» test is inapplicable here because it applies to claims that violate individual rights such as freedom of speech. The state law at issue here does not impinge on individual rights.