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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 Commerce Clause in Article I, Section 8 of the U.S. Constitution grants Congress the authority to regulate foreign and interstate commerce. By the early 20th century, radio transmission had become the most efficient way to facilitate communication about commerce and therefore, radio frequencies on the electromagnetic spectrum could ...
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.
The Supreme Court has held that the Constitution requires all states to be admitted on an equal footing, though the Admissions Clause does not expressly include this requirement. The Property Clause grants Congress the power to make laws for the territories and other federal lands .
In protest of the Environmental Protection Agency allegedly overstepping its authority by interfering with intrastate commerce, the West Virginia Intrastate Coal and Use Act (H.B. 2554) [33] was being introduced into the West Virginia House of Delegates by Delegate Gary Howell. The bill states that coal sold and used within the borders of West ...
The Commerce Clause addressed businesses that conducted both intrastate and interstate commerce. The law established a federal minimum wage, the 44-hour work week standard (this being the slightly longer precedent for the current 40-hour standard), and overtime pay (which remains in effect, requiring employers to pay their hourly employees at ...
Nothing in the purposes animating the Commerce Clause prohibits a State, in the absence of congressional action, from participating in the market and exercising the right to favor its own citizens over others.” [3] Thus, while state laws that prefer intrastate commerce to interstate commerce for economic protectionism are ordinarily invalid ...