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The significance of the Commerce Clause is described in the Supreme Court's opinion in Gonzales v. Raich, 545 U.S. 1 (2005): [7] [8] The Commerce Clause emerged as the Framers' response to the central problem giving rise to the Constitution itself: the absence of any federal commerce power under the Articles of Confederation.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated or CONAN) is a publication encompassing the United States Constitution with analysis and interpretation by the Congressional Research Service along with in-text annotations of cases decided by the Supreme Court of the United States. [1]
The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution. [1] The primary focus of the doctrine is barring state protectionism.
States that rights not enumerated in the Constitution are retained by the people. September 25, 1789 December 15, 1791 2 years, 81 days 10th [21] States that the federal government possesses only those powers delegated, or enumerated, to it through the Constitution, and that all other powers are reserved to the states, or to the people.
Ogden the Court asserts the supremacy of the Constitution: "In every such case the act of Congress or the treaty is supreme; and the laws of the State, though enacted in the exercise of powers not controverted, must yield to it." Chief Justice Roger Taney preferred a narrower commerce clause than Gibbons. The Taney Court's decision in Cooley v.
Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution.
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