4 ms·
The states are what give the constitution its authority, not vice versa. The commerce clause is part of the fed govt's "enumerated" powers, meaning that the fed
by bjt 12y ago
The states are what give the constitution its authority, not vice versa. The commerce clause is part of the fed govt's "enumerated" powers, meaning that the fed govt only has the powers listed in the Constitution. The states, however, have the "police power", letting them pass pretty much whatever laws they want.
When it comes to the commerce clause, courts have decided to let states do what they want, more or less, unless a specific federal law "preempts" the state one.