Cole v Whitfield
Key Principle
Reinterpreted s 92 (freedom of interstate trade and commerce) as a guarantee against discriminatory and protectionist burdens on interstate trade, abandoning the individual rights-based 'free trade' interpretation
Cole v Whitfield unanimously reinterpreted s 92 of the Constitution, which guarantees that trade and commerce among the States shall be 'absolutely free.' The Court abandoned the previous broad individual rights interpretation and held that s 92 prohibits discriminatory burdens of a protectionist kind on interstate trade, using the convention debates as an interpretive aid for the first time.