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.
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
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.
47) Consequently, commentary contemporary to the ratification of the Constitution indicating that the Commerce Clause was intended to limit state restrictions on interstate commerce
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 court ruled that Michigan is illegally affecting interstate commerce
with the law, the news organization reported.
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.
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.
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
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
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
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