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Lopez, 514 U.S. 549 (1995), "For nearly a century thereafter [that is, after Gibbons], the Court's Commerce Clause decisions dealt but rarely with the extent of Congress' power, and almost entirely with the Commerce Clause as a limit on state legislation that discriminated against interstate commerce."
Courts first determine whether a state regulation discriminates on its face against interstate commerce or whether it has the purpose or effect of discriminating against interstate commerce. If the statute is discriminatory, the state has the burden to justify both the local benefits flowing from the statute and to show the state has no other ...
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.
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.
Following the Michelin interpretation of the Import-Export Clause, the U.S. Supreme Court re-examined its application of the dormant commerce clause doctrine in Complete Auto Transit, Inc. v. Brady, which related to interstate commerce and established a four-prong test in which a tax is valid if it "is applied to an activity with a substantial ...
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.
To abolish the Interstate Commerce Commission, to amend subtitle IV of title 49, United States Code, to reform economic regulation of transportation, and for other purposes. Enacted by: the 104th United States Congress: Effective: December 29, 1995: Citations; Public law: Pub. L. 104–88 (text) Statutes at Large: 109 Stat. 183: Codification ...
The district court sustained the defendants' demurrer and dismissed the indictment, holding that "the business of insurance is not commerce, either intrastate or interstate" and that it "is not interstate commerce or interstate trade, though it might be considered a trade subject to local laws either State or Federal, where the commerce clause ...