It is not surprising that Congress fails to accept the court's recommendation that
a problem be resolved by statute. If a bill is introduced to resolve a major interstate
problem, Congress will be under great pressure from several competing interest
groups whose political action committees make contributions to the campaign
funds of many members of Congress. Furthermore, Congress operates under
severe time restraints which make impossible the fashioning of a resolution for
each of several interstate commerce problems. In consequence, Congress typically
defers to the courts unless a consensus develops in Congress for a particular course
Protectionism is only one form of interstate economic competition. States actively compete for tourists and for industry. Chapter 8 examines in particular
the incentives that several states offer to induce business firms to locate, expand,
and/or remain in the state.
Adam Smith, An Inquiry into the Nature and Causes of the Wealth of Nations
( New York: The Modern Library, 1937).
Brown v. Maryland, 12 Wheaton 419 at 445 ( 1827).
The Federalist Papers ( New York: New American Library, 1961), pp. 54-8.
United States Constitution, Art. I, §10.
Noble State Bank v. Haskell, 219 U.S. 104 at 111 ( 1911).
"States Impose Quarantines on California Produce", The Keene (N.H.) Sentinel, July 10, 1981, p. 5.
"Sick Chickens Force Quarantine in PA", Knickerbocker News ( Albany, N.Y.), November 5, 1983, p. 2A, and
William Robbins, "3 Million Chickens Destroyed in Bid to
Halt Spread of Virus", The New York Times, November 28, 1983, pp. 1 and B11.
George R. Taylor,
Edgar L. Burtis, and
Frederick V. Waugh, Barriers to Internal
Trade in Farm Products ( Washington, D.C.: U.S. Government Printing Office, 1939).
Lester R. Johnson, "No Maine Potatoes in Idaho"? Congressional Record, June 15, 1959, p. A5127.
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Interstate Relations:The Neglected Dimension of Federalism.
Contributors: Joseph F. Zimmerman - Author.
Place of publication: Westport, CT.
Publication year: 1996.
Page number: 136.
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