Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Interstate commerce


Related Topics

In the News (Sun 15 Nov 09)

  
  Interstate Commerce - LoveToKnow 1911
The phrase "interstate commerce," as used in the United States, denotes commerce between the citizens of different states of the Union.
The words "interstate" and "intrastate" are not found in the constitution nor, until comparatively recently, in decisions of the courts or in legislative acts (probably being first used officially in 1887 in the Interstate Commerce Act).
The court, applying the established definition (of interstate commerce with verbal formality of logic, decided that the state could do nothing, for even in such a case all regulation of interstate commerce, from the beginning to the end of a shipment, was confided to Congress exclusively.
www.1911encyclopedia.org /Interstate_Commerce   (3152 words)

  
 CITES BY TOPIC: commerce
As soon as peace was restored by the success of the Revolution, and commerce began to revive, it became obvious that the most eligible mode of raising revenue for the support of the General Government and the payment of its debts was by duties on foreign merchandise imported into the country.
As used in the Constitution, the word 'commerce' is the equivalent of the phrase 'intercourse for the purposes of trade,' and includes transportation, purchase, sale, and exchange of commodities between the citizens of the different states.
Interstate commerce was the direct object of attack; and the restraint of such commerce was the necessary consequence of the acts and the immediate end in view.
famguardian.org /TaxFreedom/CitesByTopic/commerce.htm   (4854 words)

  
 Interstate Commerce Commission - HighBeam Encyclopedia   (Site not responding. Last check: 2007-11-07)
Interstate Commerce Commission (ICC), former independent agency of the U.S. government, established in 1887; it was charged with regulating the economics and services of specified carriers engaged in transportation between states.
Most ICC control over interstate trucking was abandoned in 1994, and the agency was terminated at the end of 1995.
Interstate bureaucrats nearing the end of the road.(plans to eliminate Interstate Commerce Commission)
www.encyclopedia.com /doc/1E1-intersta.html   (418 words)

  
 Kids, Guns, and the Commerce Clause: Is the Court Ready for Constitutional Government?
Congress, having by the present Act adopted the policy of excluding from interstate commerce all goods produced for the commerce which do not conform to the specified labor standards, it may choose the means reasonably adapted to the attainment of the permitted end, even though they involve control of intrastate activities.
Since Congress could regulate a class of interstate activities, and since petitioner was a member of the class engaged in extortionate credit activities as defined by Congress, the Court held that Congress could punish the petitioner for "loan sharking" without any evidence that he was engaged in, or affected, interstate commerce.
For when it is not "commerce among the states" that Congress is regulating but something else, for which the regulation of interstate commerce is the pretext, the Constitution stands on its head.
www.cato.org /pub_display.php?pub_id=1075&full=1   (10146 words)

  
 Legal Definition of 'Interstate Commerce'
INTERSTATE COMMERCE - Commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, and commerce between places within the same State but through any place outside of that State.
'[A]n effect on interstate commerce is established by proof of an actual impact, however small, or in the absence of actual impact, by proof of a probable or potential impact.' We have upheld convictions under the Hobbs Act even where the connection to interstate commerce was slight.
Mattson, 671 F.2d 1020, 1025 (7th Cir.'82) (no effect on interstate commerce where the victim paid defendant out of personal assets, even though the victim was employed by a business engaged in interstate commerce); United States v.
www.lectlaw.com /def/i060.htm   (438 words)

  
 The Commerce Clause   (Site not responding. Last check: 2007-11-07)
The federal commerce clause has been construed to be a limitation on Congress' power to enact laws, and to prohibit state or local laws that discriminate against interstate commerce or impose undue burdens on it.
Under the "dormant" commerce clause, a variety of state statutes which sought to protect local natural resources for the use of citizens in a state have been struck down basically because they involved some form of "simple economic protectionism." See, e.g., Pennsylvania v.
The District Court dismissed on the pleadings all of the constitutional claims, with the exception of the commerce clause claims against three of the jurisdictions sued.
www.rbeerslaw.com /commerce.html   (1549 words)

  
 [No title]
Arizona, 249 U.S. 472, 477, 39 S.Ct. 313 (1919): carnival show traveling entirely in single state wasn't engaged in interstate commerce: "The mere intention of the shipper to ultimately continue his tour beyond the state of Arizona did not convert the contemplated intrastate movement into one that was interstate." Arkadelphia Milling Co. v.
"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.
But, the only nexus of the home to interstate commerce was a $1,700 purchase of supplies from a company whose main office was in Atlanta, Georgia; but, it was not shown how these supplies were shipped to the nursing home.
www.constitution.org /becraft/interstatecommerce.txt   (3067 words)

  
 GONZALES V. RAICH
It must be “plainly adapted” to regulating interstate marijuana trafficking–in other words, there must be an “obvious, simple, and direct relation” between the intrastate ban and the regulation of interstate commerce.
This Court has carefully avoided stripping Congress of its ability to regulate interstate commerce, but it has casually allowed the Federal Government to strip States of their ability to regulate intrastate commerce–not to mention a host of local activities, like mere drug possession, that are not commercial.
The CSA undoubtedly regulates a great deal of interstate commerce, but that is no license to regulate conduct that is neither interstate nor commercial, however minor or incidental.
www.law.cornell.edu /supct/html/03-1454.ZD1.html   (4603 words)

  
 Nicholas Johnson, Constitutional Law, Interstate Commerce
Regulations that are clearly focused on commercial or economic aspects of "commerce" (railroad rates, or price fixing), or the products themselves, even their quality (chickens, eggs), give us less pause than those that seem primarily motivated by moral or anti-criminal concerns (interstate transportation of women for prostitution, sales of lottery tickets, or loan sharking).
If it is to regulate some aspect of employees working in interstate commerce it may be necessary (or permitted) for it to regulate all employees of a firm doing business in interstate commerce (even though many of the employees are not involved in the interstate aspect of the business).
Finally, the fact that the effect on interstate commerce from the activities of the party involved in litigation may approach de minimus may, nonetheless, permit a finding of an adequately "substantial effect" if the aggregation of activities of those similarly situated would constitute a "substantial effect" (as with home grown crops).
www.uiowa.edu /~cyberlaw/cnl03/iccqs.html   (1727 words)

  
 HSLDA | Religion and the Commerce Clause   (Site not responding. Last check: 2007-11-07)
It has done so largely by expanding its power to “regulate commerce among the States.” The legal reason Patrick Henry College has to build a new swamp is because the courts claim that cattails and mud affect interstate commerce.
Control of interstate commerce was a crucial part of the Founders’ plan for a new central government.
Thomas was part of the Supreme Court majority that ruled that mere gun “possession” did not affect interstate commerce, and in his concurrence in Lopez, he expressed his profound concern about the current state of the law.
www.hslda.org /docs/nche/000000/00000050.asp   (2327 words)

  
 The Commerce Clause: Route to Omnipotent Government   (Site not responding. Last check: 2007-11-07)
It was a short step to creation of the Interstate Commerce Commission in 1887, which cartelized the railroads and regulated their rates.
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.
Despite the government's strained argument that guns in schools degrade education and hence economic performance and interstate commerce, the majority said a federal prohibition on such possession is beyond Congress's enumerated powers.
www.fff.org /freedom/0895g.asp   (1467 words)

  
 What Does that Law Have to Do with Interstate Commerce?, Gibbons v. Ogden (1824), Landmark Supreme Court Cases
In other words, the commerce power is used to justify a wide range of powers and legislation, some of which have only a marginal link to interstate commerce.
Makes it illegal "to import, export, or transport in interstate commerce an article of fur, if any part or portion of such article is derived from an animal that was trapped in a conventional steel-jawed leghold trap." The law also makes it illegal to "import, export, deliver, carry, or transport.
The law states that an employer whose business is in or affects interstate or foreign commerce and whose negligent conduct results in a person committing a crime of violence motivated by gender against another person on premises under the control of the employer shall be liable for damages.
www.landmarkcases.org /gibbons/interstate.html   (841 words)

  
 29CFR782.782.7 - Interstate commerce requirements of exemption.
What constitutes such transportation in interstate or foreign commerce, sufficient to bring such an employee within the regulatory power of the Secretary of Transportation under section 204 of that act, is determined by definitions contained in the Motor Carrier Act itself.
In order for the exemption to apply, their activities, so far as interstate commerce is concerned, must relate directly to the transportation of materials moving in interstate or foreign commerce within the meaning of the Motor Carrier Act.
Transportation within a single State is in interstate commerce within the meaning of the Fair Labor Standards Act where it forms a part of a ``practical continuity of movement'' across State lines from the point of origin to the point of destination.
www.dol.gov /dol/allcfr/ESA/Title_29/Part_782/29CFR782.7.htm   (1036 words)

  
 FindLaw: U.S. Constitution: Article I: Annotations pg. 28 of 58
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.
Federalism Limits on Exercise of Commerce Power.--As is recounted below, prior to reconsideration of the federal commerce power in the 1930s, the Court in effect followed a doctrine of ''dual federalism,'' under which Congress' power to regulate much activity depended on whether it had a ''direct'' rather than an ''indirect'' effect on interstate commerce.
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   (3337 words)

  
 American Experience | Streamliners | People & Events
Legislators designed the law, which established a five-member enforcement board known as the Interstate Commerce Commission, largely in response to public demand that the railroads' conduct should be constrained.
The states, however, were powerless to regulate interstate commerce, and the railroads were expanding their operations across more state borders all the time.
The Transportation Act of 1940 amended the Interstate Commerce Act to extend its reach to the other industries, but the fact remained that while regulations were not relaxed on railroads, private cars, trucks, and 90 percent of inland water carriers were exempt from government control.
www.pbs.org /wgbh/amex/streamliners/peopleevents/e_ica.html   (829 words)

  
 SSRN-Interstate Commerce and the Principles of the Law of Nations by Douglas Smith
Most significantly, Vattel's work underscores the notion that interstate commerce was viewed as being primarily a relationship among sovereign states, not individuals.
Thus, as is reflected in the text of the Commerce Clause, the congressional power was directed to sovereign states, not regulating individuals directly.
While the Court's dormant Commerce Clause doctrine is consistent with many of the principles found in the works of writers on the law of nations, its affirmative Commerce Clause decisions stray from the original meaning of the Clause and warrant a rethinking of the Court's affirmative Commerce Clause cases.
papers.ssrn.com /sol3/papers.cfm?abstract_id=772364   (374 words)

  
 Commerce Committee Rules
In those early days, the Committee on Commerce and Manufactures focused mainly on compiling statistical reports and conducting investigations requested by the full Senate on such matters as harbor improvements, the amount and type of articles in foreign trade, canal construction, and the regulation of shipping.
The Committee on Commerce, the Committee on Manufactures, the Committee on Interstate Commerce, and the Committee on Interoceanic Canals all survived the process.
The Committee on Commerce and the Committee on Manufactures -- committees that once had split from a single committee thought unable to adequately balance the needs of those trading in commerce with those of manufacturers -- together with the Committee on Interstate Commerce and the Committee on Interoceanic Canals ceased to exist.
commerce.senate.gov /evol.htm   (1906 words)

  
 Commerce Clause - dKosopedia
The Commerce Clause has been the subject of intense constitutional and political disagreement centering on the extent to which Federal legislation may govern economic activity connected to interstate commerce but occurring within a state.
Wallace (1922) upheld a federal law regulating the Chicago meatpacking industry, because the industry was part of the interstate commerce of beef from ranchers to dinner tables.
It was the first time since the conflict with President Franklin Roosevelt in 1936-37 that the Court had overturned a putative regulation on interstate commerce because it exceeded Congress's commerce power.
www.dkosopedia.com /wiki/Commerce_Clause   (767 words)

  
 Interstate Commerce Act of 1887
That any common carrier subject to the provisions of this act, or, wherever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party,.
That a Commission is hereby created and established to be known as the Inter-State Commerce Commission, which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate.
The Commissioners first appointed under this act shall continue in office for the term of two, three, four, five, and six years, respectively, from January 1, 1887, the term of each to be designated by the President; but their successors shall be appointed for terms of six years.
www.civics-online.org /library/formatted/texts/interstate_commerce.html   (490 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.
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.
The Court says non-discriminatory state laws burdening interstate commerce will only be struck down when the burdens are "clearly excessive" in relation to the local benefits.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/statecommerce.htm   (1974 words)

  
 Interstate Commerce? Does anybody care? | TPMCafe
Attacking the Commerce clause could be the big one: it would undermine decades of progressive federal legislation and regulatory mechanisms.
The issues seem to have no connection to interstate commerce, and the idea that Congressional authority based on it can penetrate so deeply into society is likely to seem unfair.
It is precisely because the link between these important regulations to interstate commerce is occasionally tenuous that we really shouldn't try to unify them under a "protect the commerce clause" umbrella.
houseoflabor.tpmcafe.com /story/2005/10/31/20940/304   (1226 words)

  
 Even God is Engaged in Interstate Commerce By Robert Greenslade - Price of Liberty
The purpose of the commerce clause, as intended by the Founders, was to protect commerce from taxation and other interference on the part of the States.
Under the umbrella of the commerce clause, the federal government is attempting to obliterate the system of limited government established by the Constitution and control every aspect of human existence in these United States.
I predict that the commerce clause will be the vehicle that delivers the chains that binds the freedoms of the American people and consumes the powers of the States.
www.thepriceofliberty.org /06/02/20/greenslade.htm   (1582 words)

  
 Interstate Commerce Excluded   (Site not responding. Last check: 2007-11-07)
It has been held that the Wisconsin safe-place law does not apply to an interstate commerce situation in which the injured employee is subject to the Federal Compensation Act.
In an earlier case involving injuries sustained while unloading lumber from a warehouse pile preparatory to interstate shipment, the court held "that work of preparing articles for interstate commerce is not a part of such commerce within the meaning of the federal Employers' Liability Act", and that the Wisconsin safe-place law had not been superseded.
[84] A study of decisions applying the federal act would be in order whenever the interstate commerce element is presented.
terrenceberres.com /boyle1j.html   (225 words)

  
 Interstate Commerce Commission - Wikipedia, the free encyclopedia
The Interstate Commerce Commission (or ICC) was a regulatory body in the United States created by the Interstate Commerce Act of 1887, which was signed into law by President Grover Cleveland.
The Transportation Act of 1920 directed the Interstate Commerce Commission to prepare and adopt a plan for the consolidation of the railway properties of the United States into a limited number of systems.
Unlike, for example, state medical boards (historically administered by the doctors themselves), the seven Interstate Commerce Commissioners and their staffs were full-time regulators who could have no economic ties to the industries they regulated.
en.wikipedia.org /wiki/Interstate_Commerce_Commission   (1880 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.
Interpreting interstate commerce to mean "substantial interstate human relations" is consistent with much additional primary source evidence concerning the meaning of commerce at the time of the writing of the Constitution.
This was the first time in 60 years, since the conflict with President Franklin Roosevelt in 1936-37, that the Court had overturned a putative regulation on interstate commerce because it exceeded Congress's commerce power.
en.wikipedia.org /wiki/Interstate_commerce   (1143 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.