This Adler post at Volokh led me to this explanation of the dormant commerce clause. The Constitution gives Congress the power to regulate interstate commerce. The question is whether that includes the ability to limit the ability of any particular state from legislating on interstate commerce. The current answer is yes, it does, in at least some instances. The next question is what instances? Can California require Iowa hog farmers to abandon gestation crates and chicken farmers to provide x square feet per hen if they want to sell their ham and eggs in California?
That's the issue I wrote about here. No answers here, but at least the question has a name.
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