• The Constitutional Legitimacy of the Dormant Commerce Clause🔍
• Does Commerce Clause Review Have Perverse Effects🔍
• Copyright/Commerce Clause Collision🔍
• In assessing the scope of Congress's authority under the Commerce ...🔍
• obamacare and the original meaning of the commerce clause ...🔍
• 21|468 National Pork Producers Council v. Ross 🔍
• Commerce Clause Challenges After United States v. Lopez🔍
• The Original Understanding of the Indian Commerce Clause🔍

The Constitutional Legitimacy of the Dormant Commerce Clause

”191 It is easy to make fun of it (tee-hee, wasn't that old formal-. 184 Willson v. Black-Bird Creek Marsh Co., 27 U.S. (2 Pet.) 245, 252 (1829); Redish.

Does Commerce Clause Review Have Perverse Effects

tially affect interstate commerce from regulations of simple "activity" essential to ... Clause review can't make things worse (from the decentralizers'.

Copyright/Commerce Clause Collision: A Subject Matter Approach

Such a result cannot easily be reconciled with Supreme Court precedent. On the other hand, holding the Copyright Clause's limitations applicable to anything. “ ...

In assessing the scope of Congress's authority under the Commerce ...

distribute) and noneconomic activities (simple possession). ... reaching example of Commerce Clause authority over intrastate activity," Lopez, established.

obamacare and the original meaning of the commerce clause ...

Patriot King, spoke of the “free and easy commerce of social life,” and other ... The Court then made the related point that the Commerce Clause had ...

21-468 National Pork Producers Council v. Ross (05/11/2023)

Petitioners' lit- igation theory thus rests on the dormant Commerce Clause theory, pursuant to which the Commerce Clause not only vests Congress ...

Commerce Clause Challenges After United States v. Lopez

National Labor Relations Act and replaced the "direct/indirect" test with an easier-to-satisfy "close and substantial relation to interstate commerce" test.

Article I, Section 8 - Annenberg Classroom

In passing these laws, Congress often relies on power granted by the commerce clause, which allows Congress to regulate business activities “among the states.”.

The Original Understanding of the Indian Commerce Clause

The Constitution made only two modifications on the traditional scheme. Both appear immediately after the Commerce Clause.[61] The first was a ...

State Regulation and the Dormant Commerce Clause.

policy should apply when the claim is made under the dormant commerce clause. Essentially, the argument is quite simple. The Constitution gives Congress ...

Supreme Court Narrows Dormant Commerce Clause Protections ...

Led by Justice Gorsuch, the Court's most significant ruling on the dormant Commerce Clause in decades holds that large extraterritorial impacts ...

What are the limits of the Commerce Clause? - Law Stack Exchange

Generally speaking, an activity can be regulated under the Commerce Clause if it involves a transaction or transportation across state lines.

The Individual Mandate, Commerce Clause, and Supreme Court

determine that the petitioners have failed to make their case that the commerce clause ... easy to read. As a result, there is little consensus among legal ...

The Sometimes-Bumpy Stream of Commerce Clause Doctrine ...

prohibited the shipment in interstate commerce of goods made ... from the simple fact that the subsequent ratio of decisions rejecting Commerce Clause.

The Dormant Commerce Clause and Geolocation | Texas Law Review

The Dormant Commerce Clause argument against state regulation of internet services is basically this: By imposing liability on internet speech sent to one state ...

The New Commerce Clause Doctrine in Game Theoretical Perspective

While the preceding structural analysis might make Wickard appear an easy case justifying. Congressional intervention,. 176 one important step remains. Once ...

Toward a Principled Interpretation of the Commerce Clause

Such a limitation on congressional power would be easy to ... include some jurisdictional nexus with interstate commerce, or make appropriate findings, before it ...

Rethinking the Dormant Commerce Clause

have been established, the free trade policies underlying the dor- mant ... Where Congress fails to act, however, evaluation is not an easy task. For ...

I thought commerce clause was regulation of business but the case ...

The commerce clause (Article 1, Section 8) empowers Congress “to regulate Commerce with foreign Nations, and among the several States, ...

ObamaCare vs. The Commerce Clause - Hoover Institution

But the New Deal transformation of long-established Commerce Clause jurisprudence has introduced a set of unprincipled (but fine-grained) ...