The decision in National Pork Producers Council v. California reflects a solidifying consensus among the court’s liberals and conservatives that the so-called “Dormant Commerce Clause” doesn’t prevent states from passing laws and regulations that reach far beyond their borders. In total, the states had five times as many regulations as the entire U.S. Code of Federal Regulations. Article 1 of the U.S. Constitution states that Congress has the exclusive power to “regulate commerce… among the several states.” But the Constitution also grants the states broad police powers to protect their citizens against unsafe products and unsavory business practices. When New York put heavy duties on imported goods to retaliate against British trade policies, neighboring states opened duty-free ports to draw shipping traffic their way. Then, conservatives began questioning the doctrine, citing states’ rights and the fact it is written nowhere in the Constitution.

Source: Forbes July 14, 2023 00:35 UTC