Originally Posted by JimDandy
How does a state law that: bans the import of _________ into the state not run afoul of the Interstate Commerce Clause?...
The short answer is that it's a lot more complicated than that.
The Commerce Clause gives Congress a certain authority to enact legislation.
On the other hand, when a State's exercise of its police powers results in an impermissible "undue burden on interstate commerce" depends on a lot of factors. There are examples of a State's exercise of its police power permissibly inhibiting or burdening interstate travel or commerce. For example --
- States have permissibly imposed agricultural quarantines and prohibited the importation of certain produce.
- States may refuse to recognize certain professional licenses issued by other States. Thus someone licensed as a physician in one State can't simply move to another and open a practice.
- States may, to some extent, regulate the weight and size of trucks permitted to use their roads.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Last edited by Frank Ettin; April 23, 2013 at 10:34 AM.
Reason: correct typo