2min chapter

We the People cover image

Pork, the Dormant Commerce Clause, and Legislating Morality

We the People

CHAPTER

Do You Think the Commerce Clause Is a Dormant Clause?

Justice Thomas and perhaps Justice Gorsuch were focused too much on Pike v. Bruce Church, Michael Irwin says. The power to regulate the movement of goods and services across state lines is invested in Congress,. states can't say they don't like this product because we think the circumstances under which it was produced was immoral; that's none of their business. What matters is the product within the state itself.

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