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Old April 22, 2013, 06:40 PM   #10
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,702
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 --
  1. States have permissibly imposed agricultural quarantines and prohibited the importation of certain produce.

  2. 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.

  3. 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
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