Question: Dairy farming was more expensive in Massachusetts than in other states. To help its farmers,...

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Question: Dairy farming was more expensive in Massachusetts than in other states. To help its farmers, Massachusetts taxed all milk sales, regardless of where the milk was produced. The revenues went into a fund that was then distributed to in-state dairy farmers. Discuss. Strategy: By giving a subsidy to local farmers, the state is treating them differently than out- of-state dairies. This raises Commerce Clause issues. Does either the positive or the dormant aspect of that clause apply? The dormant aspect applies. What does it state? Apply that standard to these facts. Result: The dormant aspect holds that a state statute which discriminates against interstate commerce is almost always invalid. Massachusetts was subsidizing its farmers at the expense of those from other states. The tax violates the Commerce Clause and is void.