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Simple English definitions for legal terms
Negative Commerce Clause
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A quick definition of Negative Commerce Clause:
The Negative Commerce Clause is a rule in the US Constitution that says only Congress can make laws about trade between states, foreign countries, and Indian tribes. This means that states can't make their own rules about trade that go against what Congress has decided. It's like a big boss who gets to make all the rules about trading, and the states have to follow them.A more thorough explanation:
The Negative Commerce Clause is a constitutional principle that prevents states from regulating interstate commercial activity, even when Congress has not acted to regulate that activity under its Commerce Clause power. The Commerce Clause gives Congress the exclusive power to regulate commerce among the states, with foreign nations, and with Indian tribes.
For example, if a state were to pass a law that restricts the import or export of goods across state lines, it would violate the Negative Commerce Clause because it would interfere with interstate commerce.
The Negative Commerce Clause is also known as the Dormant Commerce Clause.