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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 ...
Ten years later in 1923, another edition was published, Senate Document 96 of the 67th Congress, followed in turn by Senate Document 154 of the 68th Congress. The Constitution Annotated has been published as a bound edition every 10 years, with biannual updates in the intervening years that cover new constitutional case law.
In 1995, the Court held that the Crime Control Act of 1990, which the Gun-Free School Zones Act was a part of, was unconstitutional because it was an "impermissible extension of congressional power under the Commerce Clause." [34] Lopez remains the central case regarding the authority of Congress under the commerce power. [35]
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 Commerce Clause gives Congress the power to regulate "commerce ... among the several states." In Gibbons v. Ogden (1824), the United States Supreme Court ruled unanimously that this power extended to regulation over navigable inland waterways of the United States, which were an important hub of transportation in the early years of the ...
Tennessee Wine and Spirits Retailers Association v. Thomas, No. 18-96, 588 U.S. 504 (2019), was a United States Supreme Court case which held that Tennessee's two-year durational-residency requirement applicable to retail liquor store license applicants violated the Commerce Clause (Dormant Commerce Clause) and was not authorized by the Twenty-first Amendment.
Article I, § 10, clause 2 of the United States Constitution, known as the Import-Export Clause, prevents the states, without the consent of Congress, from imposing tariffs on imports and exports above what is necessary for their inspection laws and secures for the federal government the revenues from all tariffs on imports and exports.