International Economic Agreements and the Constitution

Richard Goodman and John Frost
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Richard Goodman: Peterson Institute for International Economics
John Frost: Peterson Institute for International Economics

No WP00-2, Working Paper Series from Peterson Institute for International Economics

Abstract: International agreements, such as the General Agreement on Tariffs and Trade (GATT) and the North American Free Trade Agreement (NAFTA), generally aim to facilitate the free flow of goods and services among nations.1 The U.S. Supreme Court has developed a jurisprudence similarly aiming to facilitate the free flow of goods and services among the several states. That jurisprudence has developed from litigation challenging the constitutionality of state actions on the basis of the Commerce and Supremacy Clauses of the Constitution (art. I, § 8, cl. 3, and art. VI, cl. 2). In some subject areas, Commerce Clause decisions closely align with international agreements. In other areas, either or both fall short of achieving economic integration.

Date: 2000-02
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