School of Professional Studies
Date of Award
12-2023
Document Type
Capstone
Degree Name
Master of Public Administration (MPA)
Department
School of Professional Studies
Chief Instructor
Kerry Morris, MPA, Adjunct Professor
Second Reader
Michael Mischley
Third Reader
Clark University Writing Center
Keywords
Dormant Commerce Clause, Commerce Clause, extraterritorial regulation, California Effect, political representation, American States
Abstract
By analyzing historical and contemporary examples, this study demonstrates the reality of extraterritorial regulation and how concepts of federalism and political representation shape legal precedents that allow this practice to occur. Second, using a case study focused on the State of California, the State of Texas, and the State of New York, this study looked for pending or promulgated legislation with extraterritorial effect outside of environmental regulation and where the Congress preempts state law.
Conclusively, the practice of economically-powerful American states regulating extraterritorially exists in other policy areas and occurs as a means of national influence outside of federal channels. Additionally, this practice diminishes the political decision-making power of individuals and businesses in non-originating states by influencing or preventing commerce without access to political representation. The findings of this study suggest that the Supreme Court, Congress, or both bodies may use their powers to close loopholes that enable states to regulate with far-reaching effects.
Recommended Citation
Mischley, Michael, "Economic Extraterritorial Regulation Amongst the American States" (2023). School of Professional Studies. 19.
https://commons.clarku.edu/graduate_school_professional_studies/19