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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.
Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964), was a landmark decision of the Supreme Court of the United States holding that the Commerce Clause gave the U.S. Congress power to force private businesses to abide by Title II of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, religion, or national origin in public accommodations.
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 ...
The Interstate Land Sales Full Disclosure Act of 1968 (ILSFDA or ILSA or "Act") was an act of Congress passed in 1968 to facilitate regulation of interstate land sales, to protect consumers from fraud and abuse in the sale or lease of land.
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 ...
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.
Commerce Clause: J.E.B. v. Alabama ex rel. T.B. 511 U.S. 127 (1994) peremptory jury challenges based on sex violate equal protection clause Central Bank of Denver v. First Interstate Bank of Denver: 511 U.S. 164 (1994) private plaintiffs may not maintain an aiding and abetting lawsuit under the Securities Exchange Act of 1934: Landgraf v. USI ...
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.