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See also Commerce Clause (dormant). The Commerce Clause is both a 'prolific ' of national power and an equally prolific source of conflict with legislation of the state[s].' H. P. Hood & Sons, Inc. v. Du Mond, 336 U. S. 525, 336 U. S. 534 (1949). The Clause permits Congress to legislate when it perceives that the national welfare is not furthered by the independent actions of the States. It is now well established, also, that the Clause itself is 'a limitation upon state power even without congressional implementation.' Hunt v. Washington Apple Advertising Comm'n, 432 U. S. 333, 432 U. S. 350 (1977). The Clause requires that some aspects of trade generally must remain free from interference by the States. When a State ventures excessively into the regulation of these aspects of commerce, it 'trespasses upon national interests,' Great A&P Tea Co. v. Cottrell, 424 U. S. 366, 424 U. S. 373 (1976), and the courts will hold the state regulation invalid under the Clause alone.


The Commerce Clause does not, of course, invalidate all state restrictions on commerce. It has long been recognized that, 'in the absence of conflicting legislation by Congress, there ...

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