Tag: Commerce Clause
-
Inactivity
Activity Versus InactivityInactivity.&emdash;In National Federation of Independent Business (NFIB) v. Sebelius,1 the Court held that Congress did not have the authority under the Commerce Clause to impose a requirement compelling certain individuals …
-
National Police Power
The Commerce Clause as a Source of National Police PowerThe Court has several times expressly noted that Congress's exercise of power under the Commerce Clause is akin to the police power exercised by the states.1 It should follow, therefore, tha…
-
Criminal Law
Criminal Law and the Congress Commerce PowerFederal criminal jurisdiction based on the commerce power, and frequently combined with the postal power, has historically been an auxiliary criminal jurisdiction. That is, Congress has made federal crimes of acts that constitute state crimes on the basis …
-
Civil Rights
Civil Rights and Commerce ClauseIt had been generally established some time ago that Congress had power under the Commerce Clause to prohibit racial discrimination in the use of the channels of commerce.1 The power under the clause to forbid discrimi…
-
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…
-
Congress Power to Regulate Commerce
Is There an Intrastate Barrier to Congress's Commerce Power?Not only has there been legislative advancement and judicial acquiescence in Commerce Clause jurisprudence, but the melding of the Nation into one economic union has been more than a little responsible for the reach of Congress's po…