Re:Governor Snyder signs a law to ban Tesla direct sales in ...
by baddox on Tuesday October 21, 2014 @05:24PM
(#8490131)
Ah yes, I have read about that before, but had forgotten it. It basically seems like a shortcut whereby federal courts can rule against certain state laws without the need of a specific federal law. It seems in practice to be as if Congress, as authorized by the Commerce Clause, had passed some blanket law banning protectionist state laws.
This is not completely correct. Let me expand a little bit even though it is not applicable here. There is something called the "dormant" commerce clause (also referred to as the "negative" commerce clause) doctrine. This doctrine basically prohibits states from favoring in state commercial actors at the expense of out of state actors. Think protectionist legislation. Therefore, there is a lot more to the commerce clause than simply allowing the federal government to regulate interstate commerce.