Negative Commerce Clause Claim
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Definition
A Negative Commerce Clause claim is a legal argument asserting that a state law or regulation violates the United States Constitution by unduly burdening or discriminating against interstate commerce, even in the absence of federal legislation. This claim is based on the interpretation that the Negative Commerce Clause prohibits states from imposing unreasonable barriers on interstate trade and commerce, thereby ensuring a free and fair flow of goods and services between states.
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