interstate commerce

Related to interstate commerce: Interstate Commerce Commission, Interstate compact, Interstate commerce clause

interstate commerce

n. commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the federal government according to powers spelled out in Article I of the Constitution. The federal government can also regulate commerce within a state when it may impact interstate movement of goods and services, and may strike down state actions which are barriers to such movement under Chief Justice John Marshall's decision in Gibbons v. Ogden (1824). Theoretically commerce is regulated by the Interstate Commerce Commission (I.C.C.) under authority granted by the Interstate Commerce Act, first enacted by Congress in 1887. This authority has been diffused among various federal agencies, and the I.C.C. may soon be history.

See: commerce

References in periodicals archive ?

34) The Court chose to incorporate the FCC's neighboring sub-clauses, the Indian Commerce Clause and the Interstate Commerce Clause, to guide it in its reasoning due to a lack of case law and judicial opinion surrounding the interpretation of the FCC.

Constitutional law - foreign commerce clause sucks the life from Dracula through giving restitution to foreign sex trafficking victims

Thus, the Direct Marketing Association (DMA), a group of businesses and organizations that market products via catalogs, advertisements, broadcast media, and the internet, challenged the law in federal court, arguing, among other things, that the law violated the dormant Commerce Clause because it discriminated against and imposed an undue burden on interstate commerce.

Appeals court upholds Colorado use tax reporting law

Thus, a state cannot tax interstate transactions more heavily than intrastate transactions or impose a tax that discriminates against interstate commerce by providing a direct commercial advantage to local businesses or by subjecting interstate commerce to multiple taxation.

Supreme Court invalidates Maryland's personal income tax structure: lack of a state tax credit for a 'county' tax is held to violate the dormant commerce clause

47) Consequently, commentary contemporary to the ratification of the Constitution indicating that the Commerce Clause was intended to limit state restrictions on interstate commerce was minimal.

The power to regulate commerce: limits on congressional power

Because these approaches allow for regulation of objects or activities that merely affect interstate commerce, both implicitly rely on the classic constitutional catch-all: the Necessary and Proper Clause.

The proper meaning of "proper": why the regulation of intrastate, non-commercial species under the Endangered Species Act is an invalid exercise of the commerce clause

The court ruled that Michigan is illegally affecting interstate commerce with the law, the news organization reported.

Michigan court knocks down bottle recycling law

Treatment and procedures performed in a small office within a single state are not "interstate commerce," and are unlikely to affect interstate commerce, no matter how many supplies you purchase or what services you outsource.

The NLRB and You

Just as [Sex Offender Registration and Notification Act ("SORNA")]'s 'failure to report' provision was intended to prevent convicted sex offenders from 'us[ing] the channels of interstate commerce in evading a State's reach,' Carr v.

Foreign noncommercial activity

The petition would ask the FDA to clarify its interpretation of the authorizing statutes and regulations giving the agency power to ban raw milk for human consumption in interstate commerce.

Raw milk consumers win round one; judge refuses to dismiss challenge to the FDA's interstate ban on raw milk

In defense of ObamaCare's mandates, Secretary of Health and Human Services Kathleen Sebelius argued that because the law regulates decisions about how to pay for health care services and insurance, it "necessarily affects interstate commerce.

The battle is joined; ObamaCare won't avoid legal fights

1) Courts, spurred by a renewed interest in federalism, have begun scrutinizing federal criminal laws that regulate noncommercial intrastate behavior by means of de minimus jurisdictional elements--statutory provisions that purport to ensure legislation's constitutionality by limiting its applicability to conduct involving items that have previously traveled in interstate commerce.

Constitutional law - Ninth Circuit upholds constitutionality of felon-in-possession of body armor statute with de minimus jurisdictional element - United States v. Alderman

Authority for the insurance mandate is found in two parts of Article 1, Section 8 of the Constitution - the clause allowing Congress to levy taxes and spend funds to promote the general welfare, and the Commerce Clause, which allows Congress to regulate interstate commerce.