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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 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 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 ...
Wickard v. Filburn, 317 U.S. 111 (1942), was a landmark United States Supreme Court decision that dramatically increased the regulatory power of the federal government. It remains as one of the most important and far-reaching cases concerning the New Deal, and it set a precedent for an expansive reading of the U.S. Constitution's Commerce Clause for decades to come.
Katzenbach v. McClung, 379 U.S. 294 (1964), was a landmark decision of the U.S. Supreme Court which unanimously held that Congress acted within its power under the Commerce Clause of the United States Constitution in forbidding racial discrimination in restaurants as this was a burden to interstate commerce.
Following the Michelin interpretation of the Import-Export Clause, the U.S. Supreme Court re-examined its application of the dormant commerce clause doctrine in Complete Auto Transit, Inc. v. Brady, which related to interstate commerce and established a four-prong test in which a tax is valid if it "is applied to an activity with a substantial ...
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]
Thirty-three amendments to the Constitution of the United States have been proposed by the United States Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789. Twenty-seven of those, having been ratified by the requisite number of states, are part of the Constitution.