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The Import-Export Clause (with Brannon P. Denning), 68 Mississippi Law Journal 521 (1998)


A companion piece to the Commerce Clause of the Constitution
is the less well-known Import-Export Clause:
No State shall, without the Consent of the Congress, lay any
Imposts or Duties on Imports or Exports, except what may be
absolutely necessary for executing its inspection Laws; and
the net Produce of all Duties and Imposts, laid by any State
on Imports or Exports, shall be for the Use of the Treasury of
the United States; and all such Laws shall be subject to the
Revision and Controul of the Congress.
The Import-Export Clause was the principal remedy proposed
by the Philadelphia Convention to remedy the commercial
strife that characterized the relations among the states
under the Articles of Confederation, as noted by the Supreme
Court in 1976.

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