The Future of the Foreign Commerce Clause

42 Pages Posted: 19 May 2020

See all articles by Scott M. Sullivan

Scott M. Sullivan

Louisiana State University, Baton Rouge - Paul M. Hebert Law Center

Date Written: 2015

Abstract

The Foreign Commerce Clause has been lost, subsumed by its interstate cousin, and overshadowed in foreign relations by the treaty power. Consistent with its original purpose and the implied, but unrefined view asserted by the judiciary, this Article articulates a broader and deeper Foreign Commerce power than is popularly understood. It reframes doctrinal considerations for a reinvigorated Foreign Commerce Clause - both as an independent power and in alliance with other coordinate foreign affairs powers - and demonstrates that increasing global complexity and interdependence makes broad and deep federal authority under this power crucial to effective and efficient action in matters of national concern.

Keywords: Commerce Clause, federalism

Suggested Citation

Sullivan, Scott M., The Future of the Foreign Commerce Clause (2015). Fordham Law Review, Vol. 83, No. 1955, 2015, Available at SSRN: https://ssrn.com/abstract=3582683

Scott M. Sullivan (Contact Author)

Louisiana State University, Baton Rouge - Paul M. Hebert Law Center ( email )

440 Law Center Building
Baton Rouge, LA 70803
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
13
Abstract Views
126
PlumX Metrics