References in periodicals archive ?
standard that tracks closer to the goals of the Commerce Clause might
1) The Trafficking Victims Protection Act of 2008 (TVPA) is one of the few statutes regulated by the Foreign Commerce Clause (FCC) and it is used to punish sex traffickers by restoring their victims with the income they made while they were forced to prostitute.
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.
Baston argued that Congress cannot enact extraterritorial laws under the Foreign Commerce Clause.
The Hearing and Appeals Section of the Maryland Comptroller's office affirmed the assessment, as did the Maryland Tax Court; but a state circuit court reversed that holding, and its decision was upheld by the state appeals court, on the grounds that Maryland's tax regime violates the Commerce Clause (slip op.
The majority agreed and held that Maryland's tax scheme violated the dormant Commerce Clause by discriminating against interstate commerce.
tribes, "the central function of the Indian Commerce Clause is to
Before NFIB, the consensus understanding was that the New Deal and Warren Court cases had established a constitutional regime of plenary and virtually unlimited national legislative power under the Commerce Clause, (9) although the regime might also contain narrow and limited carve-outs protective of the core of state sovereignty.
If Federal Baseball was merely a "Commerce Clause" case, then now would be the time for the Court to discard it just as it had nearly all of the Commerce Clause cases that underpinned it (i.
It advocates for a single test to determine the constitutionality of a criminal statute passed pursuant to Congress's Foreign Commerce Clause authority.

Full browser ?