Tag: Art. 1. Sec. 8
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Preemption
The General Issue: Preemption (Concurrent Federal and State Jurisdiction)In Gibbons v. Ogden,1 the Court, speaking by Chief Justice Marshall, held that New York legislation that excluded from the navigable waters of that state steam vessels enrolled …
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Corporations
Power to Charter Corporations (Necessary and Proper Clause)In addition to the creation of banks, Congress has been held to have authority to charter a railroad corporation,1 or a corporation to construct an interstate bridge,<a name=t2 href=#f2 targe…
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Indian Tribes
Commerce With Indian TribesCongress's power to regulate commerce "with the Indian tribes," once almost rendered superfluous by Court decision,1 has now been resurrected and made largely the basis for informing judicial judgment with res…
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Maritime Law
Maritime Law (Necessary and Proper Clause)Congress may implement the admiralty and maritime jurisdiction conferred upon the federal courts by revising and amending the maritime law that existed at the time the Constitution was adopted, but in so doing, it cannot go beyond the reach of that jurisdict…
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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 …
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Sherman Act
The Sherman Act: Sugar Trust CaseCongress's chief effort to regulate commerce in the primary sense of "traffic" is embodied in the Sherman Antitrust Act of 1890, the opening section of which declares "every contract, combination in the form of trust or otherwise," or "co…
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The Darby Case
The Darby CaseIn sustaining the Fair Labor Standards Act 1 in 1941,2 the Court expressly overruled Hammer v. Dagenhart.3 "The distinction on whic…
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Social Security Act Cases
Social Security Act Cases (Scope of Power to Tax)Although the Court in Butler held that the spending power is not limited by the specific grants of power contained in Article I, § 8, the Court found, nevertheless, that the spending power was qualified by the Tenth Amendment, and on this ground …
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The Lottery Case
The Lottery CaseThe first case to come before the Court in which the issues discussed above were canvassed at all thoroughly was Champion v. Ames,1 involving the act of 1895 "for the suppression of lotteries." <a name=t2 href=#f2 target=&qu…
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State Insolvency Laws
Constitutional Status of State Insolvency Laws: PreemptionPrior to 1898, Congress exercised the power to establish "uniform laws on the subject of bankruptcy" only intermittently. The first national bankruptcy law was not enacted until 1800 and was repealed in 1803; the second was passed i…
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Trade-Marks
Trade-Marks and AdvertisementsIn the famous Trade-Mark Cases,1 decided in 1879, the Supreme Court held void acts of Congress that, in apparent reliance upon this clause, extended the protection of the law to trademarks registered in the Patent Office…
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Transportation Regulation
Regulation of Other Agents of Carriage and CommunicationsIn 1914, the Court affirmed the power of Congress to regulate the transportation of oil and gas in pipelines from one State to another and held that this power applied to the transportation even though the oil or gas was the property of the li…