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 of action.
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.