U.S. Constitution will win out in new cell phone debate

The U.S. Constitution provides, at Section 8(3) that "The Congress shall have power to regulate commerce … and among the several states …"

This clause has continually been interpreted by our courts in such a way that anything that encourages, promotes, protects, prohibits or restrains interstate commerce is vested in the Congress.

Cellular telephone calls by their very nature can and do cross state lines for the the conduct of commerce. I believe that when Marlboro’s anti-cell phone ordinance is challenged (and I know the ordinance will be challenged), the ordinance providing for penalties for using a cell phone in a moving vehicle — or however the law is framed — will be overturned.

This ordinance regulates commerce between the states either by accident or intentionally. Therefore, I believe the ordinance is illegal and unenforceable.

Ron Reich

Freehold