The Second Commerce Clause

Philip A. Hamburger, Columbia Law School


The Commerce Clause has long figured as the only commerce clause in the United State Constitution. It is, indeed, THE Commerce Clause. Nonetheless, it has a doppelgänger – another commerce clause that inconspicuously shadows the first and reveals its outlines with unexpected clarity. And this second Commerce Clause is particularly interesting because it calls into doubt the doctrine on the so-called "dormant Commerce Clause."