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So the Commerce Clause has been litigated in the Supreme Court probably more often than any other structural provision of the Constitution. And the most important early case was called Gibbons against Ogden and it involved a state law that granted a monopoly to people operating a steamship across the Hudson River between New York and New Jersey. And the Supreme Court held that a federal law, which licensed a competitor, trumped the state law and thus the the national governmentamp;#39;s ability to be able to promote commerce or protect commerce against local monopoly legislation was upheld. This can be seen as a very nationalistic decision in a sense, but I think itamp;#39;s exactly what the Commerce Clause was intended for. It was giving the national government the ability to protect a national market against the neo-mercantilist uh policies of of individual states. In the decades after Gibbon, the Supreme Court tended to distinguish between commerce, which it understood to be the t
