Constitutional US Law

Category: Power to Regulate Commerce

  • Necessary and Proper Clause

    Necessary and Proper Clause DefinitionAll grants of power to Congress in § 8, as elsewhere, must be read in conjunction with the Necessary and Proper Clause, § 8, cl. 18, which authorizes Congress "[t]o make all Laws which shall be necessary and proper for carrying into Execution the …

  • Regulate

    Regulate Definition"We are now arrived at the inquiry&emdash;what is this power?" continued the Chief Justice. "It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may b…

  • Federalism Limits on Exercise of Commerce Power

    Federalism Limits on Exercise of Commerce Power DefinitionAs is recounted below, prior to reconsideration of the federal commerce power in the 1930s, the Court in effect followed a doctrine of "dual federalism," under which Congress's power to regulate much activity depended on whether…

  • Illegal Commerce

    Congress Power: Illegal CommerceThat Congress's protective power over interstate commerce reaches all kinds of obstructions and impediments was made clear in United States v. Ferger.1 The defendants had been indicted for issuing a false bill of l…

  • Interstate Commerce

    Interstate Versus Foreign CommerceThere are certain dicta urging or suggesting that Congress's power to regulate interstate commerce restrictively is less than its analogous power over foreign commerce, the argument being that whereas the latter is a branch of the Nation's unlimited power ov…

  • Commerce

    Commerce DefinitionThe etymology of the word "commerce" 1 carries the primary meaning of traffic, of transporting goods across state lines for sale. This possibly narrow constitutional conception was rejected by Chief Justice Marshall in Gi…

  • Commerce Clause

    Purposes Served by the GrantThe Commerce Clause serves a two-fold purpose: it is the direct source of the most important powers that the Federal Government exercises in peacetime, and, except for the due process and equal protection clauses of the Fourteenth Amendment, it is the most important limit…

  • Commerce Regulation

    Clause 3. Congress Power to Regulate CommerceThe Congress shall have Power * * * To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.ResourcesNotes and ReferencesThis text about <a href="http://lawi.us/constitution-of-the-united-states-of…