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Clause in the U.S. constitution
The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the
Commerce_Clause
U.S. constitutional law doctrine
The dormant Commerce Clause, or negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred
Dormant_Commerce_Clause
Portion of the US Constitution regarding Congress' structure and powers
Most notably, Clauses 1 (the General Welfare or Taxing and Spending clause), 3 (the Commerce clause), and 18 (The Necessary and Proper clause) have been
Article One of the United States Constitution
Article_One_of_the_United_States_Constitution
Clause of the U.S. Constitution regarding Congressional powers
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: The Congress
Necessary_and_Proper_Clause
1942 US Supreme Court decision
set a precedent for an expansive reading of the U.S. Constitution's Commerce Clause for decades to come. The goal of the legal challenge was to end the
Wickard_v._Filburn
Powers granted by the Constitution to the U.S. federal legislature
the Commerce Clause.[citation needed] In National Federation of Independent Business v. Sebelius, the Supreme Court held that the Commerce Clause did
Enumerated_powers
Clause of the United States Constitution
adoption of the Import-Export Clause received considerable debate, more so than the Export Clause or the Commerce Clause. The Constitutional Convention
Import-Export_Clause
1791 amendment enumerating states' rights
requiring states to enforce federal law. In the 20th century, the Commerce Clause became one of the most frequently-used sources of Congress's power
Tenth Amendment to the United States Constitution
Tenth_Amendment_to_the_United_States_Constitution
1868 amendment addressing citizenship rights and civil and political liberties
includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause broadly defines citizenship
Fourteenth Amendment to the United States Constitution
Fourteenth_Amendment_to_the_United_States_Constitution
Free Speech Clause Free Press Clause Free Assembly Clause Petition Clause Search and Seizure Clause Double Jeopardy Clause Due Process Clause (along with
List of clauses of the United States Constitution
List_of_clauses_of_the_United_States_Constitution
1995 United States Supreme Court case
interstate commerce. It was the first case since 1937 in which the Court held that Congress had exceeded its power under the Commerce Clause. The case
United_States_v._Lopez
Chief Justice of the United States since 2005
interstate commerce was affected and that cases weren't going to be thrown out that way. Lopez certainly breathed new life into the Commerce Clause. I think
John_Roberts
1872 United States Supreme Court case
violated the Commerce Clause, found in Article 1, Section 8, Clause 3 of U.S. Constitution, which grants Congress the power to regulate commerce between states
Reading Railroad Co. v. Pennsylvania
Reading_Railroad_Co._v._Pennsylvania
Bicameral legislature of the United States
thereof". Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v. Maryland
United_States_Congress
1824 U.S. Supreme Court case on interstate market regulation
held that the power to regulate interstate commerce, which is granted to the U.S. Congress by the Commerce Clause of the U.S. Constitution, encompasses the
Gibbons_v._Ogden
Constituent polity of the United States
is the power to regulate commerce. Since the early 20th century, the Supreme Court's interpretation of this "Commerce Clause" has, over time, greatly
U.S._state
Landmark U.S. federal court case
Privileges and Immunities Clause and that the New Jersey law regulated interstate commerce in violation of the Commerce Clause. In 1820, the New Jersey
Corfield_v._Coryell
President of the United States from 1909 to 1913
justice. The Supreme Court under Taft compiled a conservative record in Commerce Clause jurisprudence. This had the practical effect of making it difficult
William_Howard_Taft
Highest court of jurisdiction in the U.S.
congressional authority under the Commerce Clause is "quite broad"; commentator Robert B. Reich suggests debate over the Commerce Clause continues today. Advocates
Supreme Court of the United States
Supreme_Court_of_the_United_States
1936 United States Supreme Court case
interpreting the Commerce Clause of the United States Constitution, which permits the United States Congress to "regulate Commerce... among the several
Carter_v._Carter_Coal_Co.
Important decisions of US courts
Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964) The Commerce Clause gives Congress power to force private businesses to abide by Title
List of landmark court decisions in the United States
List_of_landmark_court_decisions_in_the_United_States
1933 amendment repealing prohibition of alcohol
occasionally arisen as an issue in Supreme Court cases that touch on the Commerce Clause. Section 1. The eighteenth article of amendment to the Constitution
Twenty-first Amendment to the United States Constitution
Twenty-first_Amendment_to_the_United_States_Constitution
Chief Justice of the United States from 1888 to 1910
federal power. He wrote major opinions on the federal income tax, the Commerce Clause, and citizenship law, and he took part in important decisions about
Melville_Fuller
United States Supreme Court justice from 1975 to 2010
founded on different principles. When interpreting the Interstate Commerce Clause, Stevens consistently sided with the federal government. He dissented
John_Paul_Stevens
Provision of the United States Constitution
and Spending Clause (which contains provisions known as the General Welfare Clause and the Uniformity Clause), Article I, Section 8, Clause 1 of the United
Taxing_and_Spending_Clause
US Supreme Court justice from 1986 to 2016
negative Commerce Clause cases is that the Constitution does not contain a negative Commerce Clause... The clearest sign that the negative Commerce Clause is
Antonin_Scalia
1827 United States Supreme Court case
States Supreme Court case which interpreted the Import-Export and Commerce Clauses of the U.S. Constitution to prohibit discriminatory taxation by states
Brown_v._Maryland
2000 United States Supreme Court case
powers granted to the US Congress under the Commerce Clause and the Fourteenth Amendment's Equal Protection Clause. Along with United States v. Lopez (1995)
United_States_v._Morrison
Collection of rulings by federal courts regarding the ownership of firearms
Bill of Rights), the right to keep and bear arms, the Commerce Clause, the General Welfare Clause, and/or other federal firearms laws. The Supreme Court
List of firearm court cases in the United States
List_of_firearm_court_cases_in_the_United_States
1980 United States Supreme Court case
commerce clause, which ordinarily deems state regulations invalid where they discriminate against interstate commerce in favor of intrastate commerce
Reeves,_Inc._v._Stake
1981 United States Supreme Court case
a United States Supreme Court case that unanimously held that the Commerce Clause allowed Congress to pass the Surface Mining Control and Reclamation
Hodel v. Virginia Surface Mining and Reclamation Association
Hodel_v._Virginia_Surface_Mining_and_Reclamation_Association
US Supreme Court justice from 1845 to 1851
for the Court regarding the Contract Clause, slavery, the political question doctrine, and the Commerce Clause. He was promoted as a candidate for president
Levi_Woodbury
Chief Justice of the United States from 1986 to 2005
holding in both cases that Congress had exceeded its power under the Commerce Clause. He dissented in Roe v. Wade (1973) and continued to argue that Roe
William_Rehnquist
1886 United States Supreme Court case
dissented. In Wabash, "direct" burdens on interstate commerce were not permitted by the Export Tax Clause of the Constitution (Article I, Section 9); however
Wabash, St. Louis & Pacific Railway Co. v. Illinois
Wabash,_St._Louis_&_Pacific_Railway_Co._v._Illinois
1971 United States Supreme Court case
transactions under the Commerce Clause. This is based around the connection to organized crime and effect on the Interstate commerce. This decision breaded
Perez_v._United_States
2005 U.S. Supreme Court ruling regarding cannabis
(2005), was a decision by the U.S. Supreme Court ruling that, under the Commerce Clause of the U.S. Constitution, Congress may criminalize the production and
Gonzales_v._Raich
1937 U.S. Supreme Court labor case
expansion in the Court's interpretation of Congress's power under the Commerce Clause and effectively spelled the end to the Court's striking down of New
NLRB v. Jones & Laughlin Steel Corp.
NLRB_v._Jones_&_Laughlin_Steel_Corp.
1941 United States Supreme Court case
Act of 1938, holding that the U.S. Congress had the power under the Commerce Clause to regulate employment conditions. The unanimous decision of the Court
United States v. Darby Lumber Co.
United_States_v._Darby_Lumber_Co.
1964 US Supreme Court case
decision of the Supreme Court of the United States holding that the Commerce Clause gave the U.S. Congress power to force private businesses to abide by
Heart of Atlanta Motel, Inc. v. United States
Heart_of_Atlanta_Motel,_Inc._v._United_States
2023 United States Supreme Court case
(2023), is a United States Supreme Court case related to the Dormant Commerce Clause. In 2018, California's voters approved Proposition 12, which sought
National Pork Producers Council v. Ross
National_Pork_Producers_Council_v._Ross
of trade among the States" (Colonial Sugar Refining Co v Irving). Commerce Clause (United States' Constitution) Section 91(2) of the Constitution Act
Section 51(i) of the Constitution of Australia
Section_51(i)_of_the_Constitution_of_Australia
Topics referred to by the same term
class of cities in the Philippines Commerce Clause, also known as the Interstate Commerce Clause and Indian Commerce Clause, an enumerated power of the US
ICC
Exchange of goods and services
Commercialism Capitalism Cargo Commerce clause Commercial management Commercial law Commercial revolution Eco commerce Economics Fair Financial planning
Commerce
1942 United States Supreme Court case
Agreement Act of 1937 as a valid use of Congress' authority under the Commerce Clause of the United States Constitution. During the Great Depression, the
United States v. Wrightwood Dairy Co.
United_States_v._Wrightwood_Dairy_Co.
1946 United States Supreme Court case
United States Supreme Court case in which the Court held that the Commerce Clause allows the federal government to dissolve a public utility company
American Power & Light Co. v. SEC
American_Power_&_Light_Co._v._SEC
"interstate commerce" that Congress could regulate pursuant to the Commerce Clause. Although the government argued that the scope of the Commerce Clause included
Preamble to the United States Constitution
Preamble_to_the_United_States_Constitution
US Supreme Court justice from 1943 to 1949
argued that it was engaged in foreign commerce that was exempt from state regulation under the dormant Commerce Clause doctrine. In a narrow ruling, Rutledge
Wiley_Rutledge
Contract Clause (see, e.g., Dartmouth College v. Woodward), the Equal Protection Clause (see, e.g., Brown v. Board of Education), or the Commerce Clause of
Constitutional law of the United States
Constitutional_law_of_the_United_States
United States federal right to navigable waterways
the Commerce Clause in Article I, Section 8 of the constitution. It is also sometimes called federal navigational servitude. The Commerce Clause gives
Navigable_servitude
US Supreme Court justice since 2017
of the dormant Commerce Clause, which allows state laws to be declared unconstitutional if they too greatly burden interstate commerce. In 2011, Gorsuch
Neil_Gorsuch
1994 United States Supreme Court case
relating to the extent that states can set prices for goods under the Commerce Clause of the United States Constitution. After milk prices plummeted, the
West Lynn Creamery, Inc. v. Healy
West_Lynn_Creamery,_Inc._v._Healy
US federal law regulating securities
Commerce Clause of the Constitution. It requires every offer or sale of securities that uses the means and instrumentalities of interstate commerce to
Securities_Act_of_1933
United States Court of Appeals for the Ninth Circuit case
challenge to the constitutionality of 18 U.S.C. § 922(o) under the Commerce Clause of the United States Constitution. The United States Court of Appeals
United States v. Stewart (2003)
United_States_v._Stewart_(2003)
2012 United States Supreme Court case
Clause (taxing power). A majority of the justices, including Roberts, agreed that the individual mandate was not a proper use of Congress's Commerce Clause
National Federation of Independent Business v. Sebelius
National_Federation_of_Independent_Business_v._Sebelius
Constitutional issue of United States law
federal sex offender registry requirements could be based upon the commerce clause to the United States Constitution. On 25 July 2008, the Alaska Supreme
Constitutionality of sex offender registries in the United States
Constitutionality_of_sex_offender_registries_in_the_United_States
2019 United States Supreme Court case
to retail liquor store license applicants violated the Commerce Clause (Dormant Commerce Clause) and was not authorized by the Twenty-first Amendment.
Tennessee Wine & Spirits Retailers Ass'n v. Thomas
Tennessee_Wine_&_Spirits_Retailers_Ass'n_v._Thomas
Transfer of certain powers from the United States federal government back to the states
under the Commerce Clause of the United States Constitution, instead holding that anything that could conceivably impact interstate commerce was subject
New_Federalism
2015 United States Supreme Court case
Dormant Commerce Clause when it does not provide residents with full credit for the income taxes they pay to other states. The Commerce Clause provides:
Comptroller of the Treasury of Maryland v. Wynne
Comptroller_of_the_Treasury_of_Maryland_v._Wynne
1985 U.S. Supreme Court case concerning the Fair Labor Standards Act
in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the Fair Labor Standards Act, which requires
Garcia v. San Antonio Metropolitan Transit Authority
Garcia_v._San_Antonio_Metropolitan_Transit_Authority
1849 United States Supreme Court case
following: Whether the Commerce Clause exclusively commits the power to regulate foreign commerce, interstate commerce and commerce with the Indian tribes
Passenger_Cases
1935 United States Supreme Court case
only be imposed by Congress, in accordance with the Commerce Clause. The chief purpose of the clause, Cardozo contended, was to avoid economic retaliation
Baldwin v. G.A.F. Seelig, Inc.
Baldwin_v._G.A.F._Seelig,_Inc.
United States law limiting firearms near schools
an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution in United States v. Lopez, 514 U
Gun-Free School Zones Act of 1990
Gun-Free_School_Zones_Act_of_1990
Free choice in which only one option is actually offered
from other states into New Jersey was unconstitutional based on the Commerce Clause. The majority reasoned that New Jersey cannot discriminate between
Hobson's_choice
1925 United States Supreme Court case
and necessity to common carriers engaged in interstate commerce violated the Commerce Clause of the United States Constitution. The Maryland General
George W. Bush & Sons Co. v. Malloy
George_W._Bush_&_Sons_Co._v._Malloy
2007 United States Supreme Court case
processing facilities owned by the Authority violated the Dormant Commerce Clause. The district court ruled in favor of United Haulers, on the basis
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority
United_Haulers_Ass'n_v._Oneida-Herkimer_Solid_Waste_Management_Authority
Provision of the US Constitution
capacities. Moreover, it is a negative clause without a positive converse. A common example of this is how the Commerce Clause represents the positive converse
Foreign_Emoluments_Clause
1989 United States Supreme Court case
business a corporation has done in a state for tax purposes, the Dormant Commerce Clause requires only that the formula be rational. ASARCO Inc. v. Idaho Tax
Amerada Hess Corp. v. Division of Taxation
Amerada_Hess_Corp._v._Division_of_Taxation
1876 United States Supreme Court case
must yield to it." Chief Justice Roger Taney preferred a narrower commerce clause than Gibbons. The Taney Court's decision in Cooley v. Board of Wardens
Henderson v. Mayor of New York
Henderson_v._Mayor_of_New_York
Clause of the U.S. constitution allowing intellectual property protection
The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power
Copyright_Clause
Landmark U.S. civil rights and labor law
principally its enumerated power to regulate interstate commerce under the Commerce Clause of Article I, Section 8, its duty to guarantee all citizens
Civil_Rights_Act_of_1964
1869 United States Supreme Court case
and Immunities Clause. Of greater consequence, the Court further held that "issuing a policy of insurance is not a transaction of commerce," effectively
Paul_v._Virginia
purpose on the grounds that it violates the Dormant Commerce Clause and Foreign Commerce Clause of the United States Constitution. After a four-day bench
Portland Pipe Line Corp. v. City of South Portland
Portland_Pipe_Line_Corp._v._City_of_South_Portland
1994 United States Supreme Court case
focused on the aspect of state power and the interpretation of the Commerce Clause as a limitation on states' regulatory power. In this particular case
Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon
Oregon_Waste_Systems,_Inc._v._Department_of_Environmental_Quality_of_Oregon
interstate commerce clause and the Necessary and Proper Clause. For instance, in McCulloch v. Maryland (1819), the Court ruled that the interstate commerce clause
History of the Supreme Court of the United States
History_of_the_Supreme_Court_of_the_United_States
US Supreme Court justice since 1991
interstate commerce clause differed from Scalia's, and they also held conflicting beliefs about the general welfare clause, the Indian commerce clause, and
Clarence_Thomas
1989 United States Supreme Court case
abrogate Eleventh Amendment immunity specifically when it acted under its Commerce Clause authority, and Justice Byron White agreed that Congress could abrogate
Pennsylvania_v._Union_Gas_Co.
Circuit Court of Appeals upheld the LCFS, rejecting claims under the Commerce Clause that largely echoed unsuccessful arguments made before the Ninth Circuit
Rocky Mountain Farmers Union v. Corey
Rocky_Mountain_Farmers_Union_v._Corey
1976 United States Supreme Court case
the remit of the federal government's interstate commerce power as laid out by the Commerce Clause. The Supreme Court granted certiorari, and the question
National League of Cities v. Usery
National_League_of_Cities_v._Usery
Period of the US Supreme Court from 1930 to 1941
the appellant challenged as unconstitutional under the Commerce Clause and the Due Process Clause. The case is mostly remembered for Footnote 4, which laid
Hughes_Court
1829 United States Supreme Court case
significant United States Supreme Court case regarding the definition of the Commerce Clause in Article 1 sec. 8, cl. 3 of the U.S. Constitution. Willson, the owner
Willson v. Black-Bird Creek Marsh Co.
Willson_v._Black-Bird_Creek_Marsh_Co.
Power to act without limitations
lies in the foreign affairs powers under the commerce, naturalization, define and punish, and war clauses of the Constitution. Congress has power over
Plenary_power
Period of the US Supreme Court from 1986 to 2005
advent of the New Deal that the court struck down a law based on the Commerce Clause. The law in question made it a federal crime to have a handgun near
Rehnquist_Court
United States federal law
government could regulate insurance companies under the authority of the Commerce Clause in the U.S. Constitution and that the federal antitrust laws applied
McCarran–Ferguson_Act
2005 United States Supreme Court case
Constitution's Dormant Commerce Clause doctrine. The Commerce Clause of Article 1 of the Constitution grants Congress the power: To regulate Commerce with foreign
Granholm_v._Heald
1981 United States Supreme Court case
held that a severance tax in Montana does not violate the Commerce Clause or the Supremacy Clause of the United States Constitution. In 1975, concerned that
Commonwealth Edison Co. v. Montana
Commonwealth_Edison_Co._v._Montana
1984 United States Supreme Court case
protecting or encouraging local business violates the Dormant Commerce Clause. The Commerce Clause forbids pure economic protectionism of resident market participants
Bacchus_Imports,_Ltd._v._Dias
1951 United States Supreme Court case
Supreme Court case dealing with the Dormant Commerce Clause, used to prohibit states from limiting interstate commerce. The court held that a municipal ordinance
Dean Milk Co. v. City of Madison
Dean_Milk_Co._v._City_of_Madison
United States Supreme Court case
only trademarks used in commerce with foreign nations, and with the Indian tribes, areas specified under the Commerce Clause. It was not until 1905 that
Trade-Mark_Cases
1976 United States Supreme Court case
violates the Dormant Commerce Clause—essentially, whether Maryland could Constitutionally discriminate or burden interstate commerce by imposing more stringent
Hughes v. Alexandria Scrap Corp.
Hughes_v._Alexandria_Scrap_Corp.
expanded the Boiler Inspection Act of 1911 to include federal interstate commerce clause regulation not just of train engine boilers, but of the entire train
Locomotive_Inspection_Act
Loans with unfairly high interest rate
the U.S. Congress might have the power to do so under the interstate Commerce Clause of Article I of the Constitution.[citation needed] Congress imposed
Usury
1939 United States Supreme Court case
United States Supreme Court case in which the Court held that the Commerce Clause allows federal regulation of milk processed and sold entirely within
United States v. Rock Royal Co-op
United_States_v._Rock_Royal_Co-op
1911 United States Supreme Court case
decision by the United States Supreme Court which held that under the Commerce Clause, the U.S. Congress can regulate safety on intrastate rail traffic because
Southern Railway Co. v. United States
Southern_Railway_Co._v._United_States
1978 United States Supreme Court case
business and occupation tax, which may affect interstate commerce, does not violate the Commerce Clause, thus enabling the states to "under appropriate conditions
Department of Revenue v. Washington Stevedoring Cos.
Department_of_Revenue_v._Washington_Stevedoring_Cos.
Political arrangement
federal government, using the Commerce Clause, passed national policies to regulate the economy. The Interstate Commerce Act and Sherman Antitrust Act
Dual_federalism
1994 United States Supreme Court case
ordinance violated the Dormant Commerce Clause. Furthermore, the Supreme Court held, "Discrimination against interstate commerce in favor of local business
C&A Carbone, Inc. v. Town of Clarkstown
C&A_Carbone,_Inc._v._Town_of_Clarkstown
1946 United States Supreme Court case
Protection clause of the 14th Amendment, they argued successfully that segregation on interstate travel violated the Interstate Commerce Clause of the U
Morgan_v._Virginia
1981 United States Supreme Court case
would be extracted within the state. Maryland argued that it broke the Commerce Clause, and the Court rules in its favor. Many different entities including
Maryland_v._Louisiana
2015 United States Supreme Court case
"does not violate the dormant Commerce Clause because it does not discriminate against or unduly burden interstate commerce", and remanded the case to the
Direct Marketing Ass'n v. Brohl
Direct_Marketing_Ass'n_v._Brohl
Principle of US law
engaged in interstate or foreign commerce, except in their designated home ports. This doctrine stems from the Commerce Clause of the U.S. Constitution, which
Home_Port_Doctrine
travel, tourism, insurance
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travel, tourism, insurance