If an Act of Congress, then 1) Is the act within Congresss power to regulate commerce among the states? (See Lopez, Raich and NFIB v. Sebelius); and/or 2) If the act regulates the states, does it violates the Tenth Amendment? (See Garcia, New York, Printz). If an act of a state, then 1) Is it preempted by contrary federal law? If not, then 2) Does it violate the dormant commerce clause? If not, then 3) Does it violate the privileges and immunities clause of Art. IV, 2?