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Home » Commerce, The Right Way, U.S. Constitution

Arizona Boycott Blunders

Written by MGeorge on June 27, 2010 – 11:14 pm3 Comments
Arizona Boycott Blunders

In recent weeks, talking heads for both sides of the fence (pardon the pun) have battled as to the Constitutionality of Arizona’s recently passed immigration law. What interests me is not that people are railing against the Constitutionality of this policy, but that none are applying the Constitution to the cities that have openly boycotted Arizona and its business. These very public boycotts are more distressing to me than anything that Arizona could have done in the name of immigration reform.

For fear of summarizing an entire lecture series on Constitutional law: a state, or city, cannot discriminate against the business of another state. This is what is commonly referred to as the Commerce Clause. Such discrimination is prohibited even if a law has the effect of discrimination without expressly calling for a boycott, let alone when the state or city expressly discriminates against the business of another state. This is a troubling precedent. If a city is permitted to deny business and travel opportunities to a state in which the city has some grievance, then where will the line be drawn? Social policy? Sales tax rate? Availability of public transportation? Potential to beat the Lakers? The list quickly degrades from legitimate forums of differing opinion to subjective squabbles.

States and cities are given a wide range of freedom in crafting their own laws. The founding fathers knew that the rule of law is best tailored to the region in which it is to govern. This is precisely why America is a government of States that answer to a Federal government; not States that answer to States.

I leave you with this question: if you don’t like whom your neighbor’s daughter dates, should you be allowed to barricade your neighbor’s driveway?

3 Comments »

  • tomo_54 says:

    The real travesty is that you don’t hear this stuff reported on the 6 o’clock news! There are dozens, if not hundreds, of cities and organizations throughout the country who have announced their intention to boycott Arizona. I guess all of them are breaking the law. Nice work, MGeorge.

  • MGeorge says:

    JaneinWVa: Author here; while you would be correct by stating that for most arenas of law, the Commerce Clause is a bit different. If there is a “causal nexus” between the flow of commerce between states and the law in question, then Federal law is to take precedent. If you would like to read the full court opinion that details the causal nexus, then follow this link to Pike v. Bruce Church from the Supreme Court in 1970.

    Thanks for the kind words.

    *Disclaimer/Note/CYA: at no point during this comment or the article proper does the author provide legal advice or consultation.

  • JaneinWVa says:

    Very well said. One correction.

    “his is precisely why America is a government of States that answer to a Federal government; not States that answer to States.”

    The Federal Government is to answer to the States~!

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