A NEW THREAT
THE UNSETTLING TREND OF STATES' INCREASING
GRIP ON INTERSTATE COMMERCE
By Neil Bradley, U.S. Chamber of Commerce
Two-hundred and thirty-six years ago, when Delaware became the First State, a principal concern was the potential for economic conflict between the 13 states of the new union: states erecting tariffs or regulatory barriers to protect their businesses from the competition of businesses located in other states. In response, our Founders granted Congress the authority to regulate interstate commerce and prohibited the states from engaging in certain economically discriminatory practices.
Embracing the diverse natural advantages and industrial specialties across our growing nation, we achieved economic growth and prosperity that would have been impossible for each state to achieve on its own. The Constitutional mandate for states to give “full faith and credit” to each other’s acts made it possible for Delaware to become the home of incorporation to companies physically headquartered across the country. Delaware’s expertise in business law and adjudicating business disputes has not only benefited Delaware but the nation.
Today, interstate commerce faces a profound new threat: the growing desire of individual states to micromanage the conduct of businesses both within their state boundaries and beyond. Read more >
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