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PRE-EMPTION
START
Congressional Authorization?
YES
NO
PARTICIPANT
NO
YES
YES
(triggers Close, Rigorous, or Strictest scrutiny) Pure Economic Protectionism?
NO
Is burden on Interstate commerce clearly excessive in relation to local benefits?
NO
NO
YES
YES
(2) NecessaryIt
Considered Less /Non Discriminatory Alternatives o EXAMPLE: state law prohibited the importation of live baitfish into the state and there were no less discriminatory
NO
YES
Burden Satisfied