The Second Commerce Clause

6 Pages Posted: 3 Nov 2014 Last revised: 14 Nov 2014

Date Written: November 2014


The Commerce Clause has long figured as the only commerce clause in the United State Constitution. It is, indeed, THE Commerce Clause. Nonetheless, it has a doppelgänger — another commerce clause that inconspicuously shadows the first and reveals its outlines with unexpected clarity. And this second Commerce Clause is particularly interesting because it calls into doubt the doctrine on the so-called "dormant Commerce Clause."

Keywords: Dormant Commerce Clause, Commerce Clause, Constitutional Law

JEL Classification: K10

Suggested Citation

Hamburger, Philip, The Second Commerce Clause (November 2014). Columbia Public Law Research Paper No. 14-423, Available at SSRN: or

Philip Hamburger (Contact Author)

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

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