Siamese Essays: (I) CTS Corp. v. Dynamics Corp. of America and Dormant Commerce Clause Doctrine; (II) Extraterritorial State Legislation

摘要

What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the \u22extraterritoriality principle.\u22 The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have separated the essays, but it seemed not worth the trouble and the duplication of some of the discussion that separation would have made necessary. Any reader who wishes can read either essay by itself. But many readers who are interested in one essay will be interested in both. Because these are merely essays, it will do them no harm to go through life permanently joined.