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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.
The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler.
Many powers of Congress have been granted under a broad interpretation of Article 1, section 8. 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 deemed to grant expansive powers to Congress.
Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824), was a landmark decision of the Supreme Court of the United States which held that the power to regulate interstate commerce, which is granted to the US Congress by the Commerce Clause of the US Constitution, encompasses the power to regulate navigation.
Carter v. Carter Coal Company, 298 U.S. 238 (1936), is a United States Supreme Court decision interpreting the Commerce Clause of the United States Constitution, which permits the United States Congress to "regulate Commerce... among the several States."