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Dormant Commerce Clause

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What does the Dormant Commerce clause provide?

How does it apply to the states ability to make laws?

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This 5,489 word document explains the historical background of the dormant commerce clause of the U.S. Constitution and how the U.S. Supreme Court has interpreted it. It cites several Supreme Court cases.

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The Dormant Commerce Claus:

Historical Background:
When the Constitution was passed the founding fathers were concerned about the organizational structure of what the United States was at that time. The young country was a loose confederation of states (the "United" part of the United States was still a new concept with no prior experience) with individual states having their own regulations, tolls and taxes which affected the movement of commerce among the different states. In response to this concern, the early Supreme Court justices, like Chief Justice John Marshall, believed that Article 1, Section 8, Clause 3, of the Constitution (Commerce Clause) clearly stated that one of the powers of Congress is "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" (FN1) The Court through several cases held that the Commerce Clause specifically grants Congress the power to regulate commerce among the several states.

The Supreme Court Justice William Johnson in Gibbons v. Ogden, 22 U.S. 1 (1824) clearly reiterated the position of the justices when he stated that the Constitution is "altogether in favour of the exclusive grants to Congress of power over commerce." In the same case, the term ...

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