Unconstitutional State Food, Agriculture Crackdowns Spur Congress to Act

Earlier this summer, Rep. James Sensenbrenner (R-Calif.) introduced a bill that could dramatically change the ways states tax and regulate interstate commerce, including commerce in agriculture and food.
The bill, known as the No Regulation Without Representation Act of 2017, would bar states from regulating or taxing many businesses that don’t physically operate within their borders.
The bill is intended to rein in “certain State impositions on interstate commerce.” It declares “a State may tax or regulate a person’s activity in interstate commerce only when such person is physically present in the State during the period in which the tax or regulation is imposed.”
But wait. Doesn’t the Constitution already prohibit states from regulating interstate commerce, via the Commerce Clause (and its corollary, the dormant Commerce Clause) and the Fourteenth Amendment? You bet! But states increasingly ignore those edicts.
Take Massachusetts, where voters in November adopted Question 3. The law, which won’t take effect

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