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Topic: Commerce Clause

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In the News (Tue 25 Jun 19)

  Dormant Commerce Clause - Wikipedia, the free encyclopedia
The Dormant Commerce Clause is a United States legal doctrine, created by the U.S. Supreme Court, that limits the power of states to legislate in connection with interstate commerce.
The premise is that the U.S. Constitution reserves for Congress the power to "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8); therefore, individual states are limited in their ability to in the areas of international, interstate, or American Indian commerce.
The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution.
en.wikipedia.org /wiki/Dormant_Commerce_Clause   (1202 words)

 Commerce Clause - Wikipedia, the free encyclopedia
The Commerce Clause is one of those few powers specifically delegated to the federal government and thus its interpretation is very important in determining the scope of federal legislative power.
Further, interpreting interstate commerce to mean "interstate human interaction" makes more sense for the foreign and Indian commerce clauses as one would expect Congress to be given authority to regulate non-economic relations with other nations and with Indian tribes.
United States (1905), the Court ruled that the clause covered meatpackers; although their activity was geographically "local," they had an important effect on the "current of commerce" and thus could be regulated under the Commerce Clause.
en.wikipedia.org /wiki/Commerce_Clause   (1119 words)

 The Commerce Clause: Route to Omnipotent Government
commerce among the several states." The sensible person will ask, "What does the commerce clause have to do with students bringing guns to school?" The Court's majority said "nothing." It has been a long time since the Supreme Court last refused to let the central government use the commerce clause to expand its power.
At first, the clause was closely interpreted as referring to interference by the states with the flow of commerce.
The mooring of the commerce clause — the principle that state governments could not erect trade barriers — was too long lost, the distinction between government and private acts too long forgotten.
www.fff.org /freedom/0895g.asp   (1467 words)

 Commerce Clause
The court ruled, however, that such laws are anti-competitive and in direct violation of the Commerce Clause of the U.S. Constitution, and while the cases focused on the states of New York and Michigan, the ruling could open up the interstate wine market to another 20 or so states that prohibit the practice.
The Dormant Commerce Clause doctrine in United States case law limits the power of states to legislate in connection with interstate commerce.
The Commerce Clause vests Congress with the power to regulate, "that is, to prescribe the rule by which commerce is to be governed" [1].
www.gamingpublic.com /documents/39.html   (1853 words)

 FindLaw: U.S. Constitution: Article I: Annotations pg. 28 of 58
This clause serves a two-fold purpose: it is the direct source of the most important powers that the Federal Government exercises in peacetime, and, except for the due process and equal protection clauses of the Fourteenth Amendment, it is the most important limitation imposed by the Constitution on the exercise of state power.
Commerce, undoubtedly, is traffic, but it is something more--it is intercourse.'' 582 The term, therefore, included navigation, a conclusion that Marshall also supported by appeal to general understanding, to the prohibition in Article I, Sec.
Commerce ''among the several States'' does not comprise commerce of the District of Columbia nor of the territories of the United States.
caselaw.lp.findlaw.com /data/constitution/article01/28.html   (3295 words)

 What Happened to our System of Limited Government? - By Robert Greenslade - Price of Liberty -
This clause serves a two-fold purpose, it is the direct source of the most important powers which the Federal Government exercises in peacetime, and except for the due process and equal protection clauses of the Fourteenth Amendment, it is the most important limitation imposed by the Constitution on the exercise of state power.
The emergence of the Commerce Clause as a “new” source of federal power was addressed in a speech by Alfred Clark before the Oregon Bar Association on September 2, 1943.
Under the Court’s Commerce Clause rulings, the simple act of going for a walk could subject an individual to federal regulatory control because being absent from the house could cause an individual to miss a solicitation for a commodity which it turn could affect the flow of commerce.
www.thepriceofliberty.org /04/06/18/greenslade.htm   (1905 words)

 [No title]   (Site not responding. Last check: 2007-10-21)
On May 27 1935, the NRA was found to be unconstitutional by a unanimous decision of the U.S. Supreme Court in the case of Schechter v.
He has also taken the point of view that the Commerce Clause should be narrowly interpreted, covering only actual interstate commerce, not things related to it; he thus concurred with the Court's decisions in United States v.
In 1964 the U.S. Congress invoked the commerce clause to pass the Civil Rights Act of 1964, which outlawed discrimination in public accommodations, i.e., privately owned restaurants, hotels and stores, and in private schools and workplaces, that Congress attacked the parallel system of private Jim Crow practices.
www.worldhistory.com /wiki/C/Commerce-Clause.htm   (963 words)

 HSLDA | Religion and the Commerce Clause
There are three reasons to steer clear of expansive new Commerce Clause legislation: (1) it is wrong, (2) it is dangerous, and (3) it invites the Supreme Court to strike it down.
Relying on the Commerce Clause to protect religious liberty is both wrong and foolish.
Protecting religion under the Commerce Clause is foolish because it invites a swift and well-deserved rebuke from the Supreme Court.
www.hslda.org /docs/nche/000000/00000050.asp   (2327 words)

This power [i.e., the Commerce Clause], like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitation, other than are prescribed in the constitution. . .
The reach of this “Dormant Commerce Clause,” though broad, was not without limits, according to Chief Justice Marshall: “The enumeration [of the commerce power] presupposes something not enumerated; and that something. . .
The most important feature of both the modern Dormant Commerce Clause cases and the decision [*PG945]in National League of Cities is that they struck down state or federal statutes as applied, rather than facially, thus allowing the continued, if limited, enforcement of those statutes.
www.bc.edu /bc_org/avp/law/lwsch/journals/bclawr/41_4/06_TXT.htm   (8545 words)

 Commerce Clause Abuse
Thus, the original purpose of the commerce clause was primarily a means to eliminate trade barriers among the states.
He argued that the excess wheat was unrelated to commerce since he grew it for his own use.
In 1990, Congress passed the Gun-Free School Zones Act, citing their powers under the "commerce clause." Namely, the possession of a firearm in a local school zone substantially affected interstate commerce.
www.gmu.edu /departments/economics/wew/articles/03/abuse.html   (477 words)

 Bork & Troy: Boundaries of the Commerce Clause
This is unsurprising; the Commerce Clause was not drafted to cause confusion.
Reworking this analysis with the original purpose of the Commerce Clause in mind, we notice first that the object identified as the good in interstate commerce is the migratory bird, while the object regulated is the intrastate water.
Some commentators have argued that intrastate commerce was meant to be included in the Commerce Clause because the phrase "among the several States" referred to all such activity engaged in by the people of the States, whether intrastate or interstate.
www.constitution.org /lrev/bork-troy.htm   (14824 words)

 The View From 1776
The intent of the commerce clause was further illuminated by the first case to be decided under it by the Supreme Court, Gibbons v.
Commerce among the States cannot stop at the external boundary line of each State, but may be introduced into the interior.....
Judge Roberts’s opinion, which questions whether the commerce power is broad enough to permit the federal government to protect an endangered species within a single state, is a bit elliptical and underdeveloped.
www.thomasbrewton.com /index.php/weblog/the_door_to_totalitarianism   (2445 words)

 [No title]
If its main purpose be to establish a regulation applicable to all trade; to commerce at all points, especially if it is apparent that it is designed to govern the commerce wholly between citizens of the same State, it is obviously the exercise of a power not confided to Congress," 100 U.S., at 96-97.
"If the commerce clause were construed to reach all enterprises and transactions which could be said to have an indirect effect upon interstate commerce, the federal authority would embrace practically all the activities of the people, and the authority of the state over its domestic concerns would exist only by sufferance of the federal government.
Of course, the defense recognizes the abundance of cases where federal criminal laws have been upheld against commerce clause challenges, many of which concern guns and drugs; cases of this nature are cited in abundance in the annotations to Art.
www.constitution.org /becraft/interstatecommerce.htm   (3030 words)

 SSRN-Why Congress May Not Overrule the Dormant Commerce Clause by Norman Williams
As I explain, however, depicting the Dormant Commerce Clause as only a weak or presumptive limit on state authority cannot be squared with the constitutional text or constitutional structure.
Either the Dormant Commerce Clause is a constitutional limit on the states or it isn't; there is no middle ground available for treating the Dormant Commerce Clause as a constitutional limitation on state power but one that is abrogable by Congress.
As a final possibility, one might defend Congress's power to overrule the Dormant Commerce Clause on the ground that Congress may delegate its commerce power, which is not subject to the constraints of the Dormant Commerce Clause, to the states.
papers.ssrn.com /sol3/papers.cfm?abstract_id=700173   (660 words)

 United States v. Lopez, 514 U.S. 549 (1995).   (Site not responding. Last check: 2007-10-21)
The District Court denied his motion to dismiss the indictment, concluding that §922(q) is a constitutional exercise of Congress' power to regulate activities in and affecting commerce.
First, although this Court has upheld a wide variety of congressional Acts regulating intrastate economic activity that substantially affected interstate commerce, the possession of a gun in a local school zone is in no sense an economic activity that might, through repetition elsewhere, have such a substantial effect on interstate commerce.
Respondent was a local student at a local school; there is no indication that he had recently moved in interstate commerce, and there is no requirement that his possession of the firearm have any concrete tie to interstate commerce.
supct.law.cornell.edu /supct/html/93-1260.ZS.html   (439 words)

 Criminal Appeal: Commerce Clause
Gonzalez, no. 03-1454 yesterday, holding that, despite California's legalization of medical use of marijuana, the federal regulation of marijuana under the Controlled Substances Act is a valid exercise of congressional power under the commerce.
The feds are not going to go after everyone and the state law is still valid and forbids prosecution, by state authorities, of medical use of pot.
(1) The term "commerce" is not unconstitutionally vague in the Hobbs Act, which prohibits any robbery or extortion or attempt or conspiracy to rob or extort that “in any way or degree obstructs, delays or affects commerce or the movement of any article or commodity in commerce.” 18 U.S.C. § 1951(a).
www.crimblawg.com /commerce_clause   (689 words)

 How Interpretation of the Commerce Power Has Changed over Time, Gibbons v. Ogden (1824), Landmark Supreme Court Cases
Discuss whether you think the Commerce Clause can be used to allow Congress to make the law or take the action in question.
Write a brief summary of any trend you notice in the willingness of the Supreme Court of the United States to allow Congress to use the Commerce Clause to justify new powers not explicitly granted in the Constitution.
The Act barred interstate shipment of products that were made by children under the ages of 14 or that were made by those between the age of 14 and 16 who worked more than eight hours a day, more than six days a week, or at night.
www.landmarkcases.org /gibbons/power.html   (864 words)

 Commerce Clause Limitations on State Regulation
The Commerce Clause is a grant of power to Congress, not an express limitation on the power of the states to regulate the economy.
Concluding that garbage was "commerce," the Court viewed the law--despite its environmental justification--as unconstitutional discrimination agains out-of-state commerce.
The Court saw the bidding rules as an attempt to control commerce "down the stream," and that therefore the state was acting as a regulator, not as a mere market participant.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/statecommerce.htm   (1974 words)

 Commerce Clause   (Site not responding. Last check: 2007-10-21)
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.
“Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years or both.
Activities may be reached by Congress, even if local and even if not regarded as commerce, if they have “a substantial economic effect on interstate commerce” (p.150).
www.iulaw.indy.indiana.edu /Instructors/Orentlicher/090299.html   (175 words)

 Commerce clause abuse - The Washington Times: Commentary   (Site not responding. Last check: 2007-10-21)
For most of our history, the courts foiled congressional attempts to use the "Commerce Clause" to sabotage the clear meaning of the Constitution, particularly the Ninth and 10th Amendments.
The court reasoned had he not grown the extra wheat he would have had to purchase wheat — therefore, he was indirectly affecting interstate commerce.
In 1990, Congress passed the Gun-Free School Zones Act, citing its powers under the "Commerce Clause." Namely, the possession of a firearm in a local school zone substantially affected interstate commerce.
www.washtimes.com /commentary/20031118-083534-5633r.htm   (578 words)

 ipedia.com: Commerce Clause Article   (Site not responding. Last check: 2007-10-21)
The Commerce Clause has been the subject of intense constitutional and political disagreement centring on the extent to which Federal legislation may govern economic activity connected to interstate commerce but occurring within a state.
Ogden (1824), Justice Marshall ruled that the power to regulate interstate commerce also included power to regulate interstate navigation: "Commerce, undoubtedly is traffic, but it is something more--it is intercourse.
United States (1905), the Court ruled that the clause covered even meatpackers, even though their activity was geographically "local", because they had an important effect on the "current of commerce".
www.ipedia.com /commerce_clause.html   (727 words)

 Commerce clause - Wex   (Site not responding. Last check: 2007-10-21)
The "commerce clause" is Article 1, Section 8, clause 3 of the United States Constitution.
The LII/CRS Annotated Constitution on the commerce clause (http://www.law.cornell.edu/anncon/html/art1frag31_user.html#art1_sec8cl3).
Contemporary commentaries from the Founders (http://press-pubs.uchicago.edu/founders/tocs/a1_8_3_commerce.html) on the commerce clause
www.law.cornell.edu /wex/index.php/Commerce_clause   (82 words)

 Fafblog! the whole worlds only source for Fafblog.
Instead it is a cat commerce waveform sold in all possible states at the same time until it is confiscated and destroyed by the Bureau of Alcohol Tobacco and Cats.
To your left is the beautiful red-crested commerce with its unusual nesting activity and its colorful plumage.
Up ahead is the Australian striped mock commerce, which is not commerce but uses its natural camouflage to imitate the markings of commerce and confuse predators.
fafblog.blogspot.com /2005/06/wonderful-world-of-commerce-insolent.html   (441 words)

 HSLDA | Oppose The Commerce Clause Provision Of The RLPA
Under the Supreme Court’s precedents, although Congress may be able to use the Commerce Clause to regulate state and local governments as employers (along with other employers), any attempt to use the Commerce Clause to regulate the sovereign functions of state government is unconstitutional.
The Commerce Clause has been, since the New Deal, the primary tool for increasing big government intrusion in to the lives of private citizens.
But by using the commerce provision to protect religion, a church, ministry or home school would have to prove in court that its activities, or the regulation of its activities, touches on interstate commerce in some way.
www.hslda.org /docs/nche/000000/00000051.asp   (406 words)

 Of Arms and the Law: Commerce Clause Archives
E.g., the Supreme Court held in one case that the ban on felons possessing "in" commerce or receiving a gun that had ever travelled in commerce extended to a defendant who had *received* before he became a felon (thus no violation) and thereafter possessed, but not in commerce (no violation).
Since the commerce nexus is an element of the crime, it must be decided by the jury.
In he dissented from a denial of rehearing en banc, arguing that there was a Commerce Clause problem with applying the Endangered Species Act to forbid a "taking" of an endangered toad within a State.
armsandthelaw.com /archives/commerce_clause/index.php   (2447 words)

 On the Importance of the Commerce Clause | Organic Matter   (Site not responding. Last check: 2007-10-21)
On the Importance of the Commerce Clause
Thus it has come to be that almost all environmental law rests on the commerce clause, which gives Congress ability "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
Others laws that rely at least partially on the commerce clause include the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Safe Drinking Water Act.
www.organicmatter.net /node/65   (931 words)

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