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The significance of the Commerce Clause is described in the Supreme Court's opinion in Gonzales v. Raich, 545 U.S. 1 (2005): [7] [8] The Commerce Clause emerged as the Framers' response to the central problem giving rise to the Constitution itself: the absence of any federal commerce power under the Articles of Confederation.
If Marshall was suggesting that the power over interstate commerce is an exclusive federal power, the Dormant Commerce Clause doctrine eventually developed very differently: it treats regulation that does not discriminate against or unduly burden interstate commerce as a concurrent power, rather than an exclusive federal power, and it treats ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
Decuir (1878) had struck down a similar Louisiana law on the grounds that it unreasonably interfered with Congress's power to regulate interstate commerce. A railroad challenged the Mississippi law on the same ground, arguing that it violated the Dormant Commerce Clause by burdening interstate commerce. The Supreme Court, dividing 7 to 2 ...
The Interstate Commerce Clause has been used to steadily expand the power of the federal government, as almost any aspect of life, especially after the Industrial Revolution, can in some way be related to interstate commerce. The Shreveport Rate Case was an early example of this expansion.
The Court held that Illinois had violated the Commerce Clause by placing a direct burden on interstate commerce. Under the Commerce Clause only Congress had the power to do so and states could only place indirect burdens on commerce. Court membership; Chief Justice Morrison Waite Associate Justices Samuel F. Miller · Stephen J. Field
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330 (2007), was a United States Supreme Court case about interstate commerce.Chief Justice John Roberts wrote the opinion of the Court, holding that New York county ordinances forcing private waste management companies to deliver waste to a public facility did not discriminate against interstate commerce.
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.