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Can the Federal Government regulate interstate commerce in a way that does not encompass every state, or is it all or nothing?

Boston, MA |

The federal government has the right to regulate interstate commerce. However, MUST these regulations impact trade between every state? For example, could a Federal Government Ban be created that prohibited the import, or sale of Jelly beans into Florida from any other state? Or can the Federal government only ban the interstate sale of jellybeans period. If interstate commerce regulations can be state specific, can you give me an example?

Attorney Answers 1


  1. Dear Boston - you ask a good questions, but one that has several layers of possible answers. As has been shown in the last 20 years, the short answer is that the federal government is limited by the constitution. However, in reality, it finds a way to regulate anything that it wants, absent a challenge. That is my ode to the rhetoric aspect o your question. Regarding the specifics of your question, principles of interstate commerce, safety, and other issues provide the feds with vast powers. More specific facts are needed to address a specific issue.