Port Preference Clause

E670116

The Port Preference Clause is a constitutional provision that prohibits the federal government from giving preferential treatment to the ports of one state over those of another in regulating commerce.

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Statements (42)

Predicate Object
instanceOf constitutional clause
provision of the United States Constitution
aimsTo prevent discrimination among state ports
promote equality among states in access to commerce
appliesOnlyTo actions of the federal government and not private parties
actions of the federal government and not state governments
appliesTo ports of the several states
regulations of commerce
regulations of revenue
binds Congress NERFINISHED
federal government
cameIntoForceOn 1789
concerns distributional effects of federal commercial regulation among states
hasBeenInterpretedBy Supreme Court of the United States NERFINISHED
historicalContext concerns between large and small states over commercial advantages
isAlsoKnownAs Port Preference Provision
isCitedIn cases involving federal navigation and shipping laws
constitutional law treatises on the Commerce Clause
isDistinguishedFrom state-level port regulation provisions
isFoundIn Article I, Section 9, Clause 6 of the United States Constitution NERFINISHED
isInvokedIn challenges to federal statutes affecting port access
challenges to federal statutes affecting shipping routes
isLocatedInTextOf Article I, Section 9 of the United States Constitution NERFINISHED
isPartOf Article I of the United States Constitution NERFINISHED
United States Constitution NERFINISHED
isRelatedTo Commerce Clause NERFINISHED
Taxing and Spending Clause NERFINISHED
Tonnage Clause
jurisdiction federal constitutional law of the United States
legalEffect does not forbid all incidental advantages to some ports
forbids intentional and direct preferences among state ports
limits powers of Congress under the Commerce Clause
prohibits federal laws that explicitly favor ports of one state
preference to the ports of one state over those of another
protects states from discriminatory federal port regulations
regulates federal treatment of state ports
relatesTo interstate commerce
maritime commerce
regulation of commerce
textBeginsWith "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another"
underlies principle of geographic neutrality in federal port regulation
wasAdoptedIn 1787

Referenced by (1)

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