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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".
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 ...
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.
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.
Most notably, Clauses 1 (the General Welfare or Taxing and Spending clause), 3 (the Commerce clause), and 18 (The Necessary and Proper clause) have been deemed to grant expansive powers to Congress. These three clauses have been interpreted so broadly that the federal government of the United States exercises many powers that are not expressly ...
In United States v. Lopez (1995), [29] a federal law mandating a "gun-free zone" on and around public school campuses was struck down. The Supreme Court ruled that there was no clause in the Constitution authorizing the federal law. This was the first modern Supreme Court opinion to limit the government's power under the Commerce Clause.
Establishes the direct election of United States senators by popular vote. May 13, 1912 April 8, 1913 330 days 18th: Prohibits the manufacturing or sale of alcohol within the United States. (Repealed on December 5, 1933 by the 21st Amendment.) December 18, 1917 January 16, 1919 1 year, 29 days 19th: Grants women the right to vote. June 4, 1919
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.