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The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3).The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".
Only if the burden on interstate commerce clearly outweighs the State's legitimate purpose does such a regulation violate the commerce clause. When a state statute regarding safety matters applies equally to interstate and intrastate commerce, the courts are generally reluctant to invalidate it even if it may have some impact on interstate ...
The Intrastate Commerce Improvement Act is a 2015 Arkansas act that prohibits, with exception to employees of a local government, any county, municipality, or other political subdivision of the state from adopting or enforcing an ordinance, resolution, rule, or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law.
The Equal Access to Intrastate Commerce Act is a 2011 Tennessee act that amends the Tennessee Human Rights Act to define the term "sex" to mean an individual person as male or female as indicated on the individual's birth certificate and prohibits, with exception to employees of a local government, any local government in Tennessee from enacting ordinances, resolutions, or any other means ...
The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887.The agency's original purpose was to regulate railroads (and later trucking) to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including interstate bus lines and telephone companies.
Accordingly, s. 92 prohibits the Commonwealth and the States from imposing burdens on interstate trade and commerce which: discriminate against it by conferring an advantage on intrastate trade or commerce of the same kind, and; are protectionist in character
Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824), was a landmark decision of the Supreme Court of the United States which held that the power to regulate interstate commerce, which is granted to the US Congress by the Commerce Clause of the US Constitution, encompasses the power to regulate navigation.
In this instance, federal regulations apply only to interstate commerce. Commerce which does not involve the crossing of state lines is considered intrastate, and is under the jurisdiction of the respective state's laws. However, most states have adopted intrastate regulations which are identical or very similar to the federal HOS regulations. [22]