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The powers are critical to understand the rights of landowners adjoining or exercising what would otherwise be riparian rights under the common law. The Commerce Clause confers a unique position upon the federal government in connection with navigable waters: "The power to regulate commerce comprehends the control for that purpose, and to the ...
The Commerce Clause of the Constitution does not give Congress the power to prohibit the mere possession of a gun near a school because gun possession by itself is not an economic activity that affects interstate commerce even indirectly. Notable because it was the first time since the New Deal that the Supreme Court invalidated a law which was ...
Commerce clause Article 1, Section 8, Paragraph 3: Interstate Commerce Clause Navajo Freight Lines, Inc. , 359 U.S. 520 (1959), is a United States Supreme Court case in which the Court held that the Illinois law requiring trucks to have unique mudguards was unconstitutional under the Commerce clause .
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.
State statutes that have a negative effect on interstate commerce are unconstitutional under the Dormant Commerce Clause.Justice Stewart used a balancing test.. Where the statute regulates evenhandedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in ...
Exxon Corp. v. Governor of Maryland, 437 U.S. 117 (1978), was a case in which the Supreme Court of the United States upheld a Maryland law prohibiting oil producers and refiners from operating service stations within its borders. [1] The challengers, including Exxon, claimed that the law violated the Dormant Commerce Clause.
United States Dormant Commerce Clause case law (41 P) Pages in category "United States Commerce Clause case law" The following 56 pages are in this category, out of 56 total.
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330 (2007), was a United States Supreme Court case about interstate commerce.Chief Justice John Roberts wrote the opinion of the Court, holding that New York county ordinances forcing private waste management companies to deliver waste to a public facility did not discriminate against interstate commerce.