3min chapter

We the People cover image

Pork, the Dormant Commerce Clause, and Legislating Morality

We the People

CHAPTER

California's Commerce Clause Is Just an Empowerment of Congress

Dormate Commerce Clause was intended to prevent hostile and retaliatory measures from one state to another. Michael: The way it was originally understood is that states have power only to pass regulations which protect the health safety welfare and morals of their own citizens. They did not have power to regulate extra-territorially, he says. "The problem with this is that the pork, which is being forbidden for sale in California, is just like every other pork," writes Sotomayor.

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