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Explaining that “impost” often referred to a duty on only imports, not both imports and exports.
Brannon P. Denning, Justice Thomas, the Import-Export Clause, and Camps Newfound/Owatonna v. Harrison, 70 Colo. L. Rev. 155 (1999).
Reviewing and critiquing Justice Thomas’s contention that the Import-Export Clause prohibits states from levying discriminatory penalties on out-of-state products.
Arguing that the Import-Export Clause was originally intended to grant more fulsome protection of interstate commerce than was the Commerce Clause.
Arguing, based on its text and history, that the Import-Export Clause applies to interstate and foreign trade, prohibits state tariffs, and permits state subsidies.
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