The Market-Participant Exception and the Dormant Foreign Commerce Clause

Authors

J. T. Hutchens, Benjamin N. Cardozo School of Law

Abstract

The note argues against extending the Market-Participant Exception to the Dormant Foreign Commerce Clause, asserting that such an extension would undermine the federal government's exclusive authority over foreign affairs and potentially disrupt national foreign policy. While the exception is well-established in interstate commerce, its application to foreign commerce raises unique concerns, including the risk of international retaliation and the erosion of the "one voice" principle in international relations. The author emphasizes that the constitutional separation of powers and the Supremacy Clause further support the necessity of federal primacy in foreign trade matters.

Disciplines

Constitutional Law | Jurisdiction | Law | Taxation-State and Local

Recommended Citation

J. T. Hutchens, The Market-Participant Exception and the Dormant Foreign Commerce Clause, 5 Cardozo Pub. L. Pol’y & Ethics J. 445 (2007).
Available at: https://larc.cardozo.yu.edu/cplpej/vol5/iss2/4