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From International to Federal MarketThe Changing Structure of European Law$
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Robert Schütze

Print publication date: 2017

Print ISBN-13: 9780198803379

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780198803379.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 August 2021

American Law and Market Integration

American Law and Market Integration

(p.53) 2 American Law and Market Integration
From International to Federal Market

Robert Schütze

Oxford University Press

What is the structure of the ‘American’ market; and how was the latter ‘established’? When the Philadelphia Convention debated the 1787 Constitution, there was little argument that the (new) Union needed the power to regulate commerce. This chapter analyses the constitutional principles that governed the building (and evolution) of the US ‘common market’. Would interstate barriers to trade be ‘regulated’ away by the federal legislature; or would the Commerce Clause operate as a directly effective judicial norm? And more importantly: what type of common market had the US Constitution wished to establish? Section I explores these questions in the context of the liberalization of regulatory restrictions to the free movement of goods. Section II extends the analysis to fiscal barriers, which have traditionally been subject to special constitutional principles.

Keywords:   US Constitution, Commerce Clause, Import–Export Clause, market integration, fiscal exception

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