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The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each ...
Dormant 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.
Raich it ruled that the Commerce Clause granted Congress the authority to criminalize the production and use of home-grown cannabis even where states approve its use for medicinal purposes. The court held that, as with the agricultural production in the earlier case, home-grown cannabis is a legitimate subject of federal regulation because it ...
Necessary and Proper Clause. The Necessary and Proper Clause, also known as the Elastic Clause, [1] is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this ...
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. [1][2] The decision is credited with ...
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.
The Confederate Constitution contained many of the phrases and clauses that had led to disagreement among U.S. states, including a Supremacy Clause, a Commerce Clause, and a Necessary and Proper Clause. The Supremacy Clause and the Necessary and Proper Clause are nearly identical in both constitutions. [11] [34] [12] [21]
Enumerated powers (United States) The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8.