Re-Examining the Dormant Commerce Clause Analysis in Jones v. Gale after National Federation of Independent business v. Sebelius
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Authors
Engel, Mitchell F.
Issue Date
2013
Type
Journal Article
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Abstract
INTRODUCTION|The Commerce Clause of the United States Constitution states, "The Congress shall have Power ... To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes." Starting i nthe New Deal era, the United States Supreme Court gave Congress nearly unlimited discretion in regulation commerce. This discretion has been curtailed in the previous two decades by a number of Supreme Court cases. The courts have also interpreted the Commerce Clause, despite its text, to include a dormant portion which allowed courts to find state laws which discriminated against interstate commerce unconstitutional...
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Citation
46 Creighton L. Rev. 721 (2012-2013)
Publisher
Creighton University School of Law