One thing that states could not do from the outset, though, was to regulate interstate commerce.
The individual intrastate farmer is performing an economic activity that has a connection to interstate commerce.
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Because the production of wheat, taken in aggregate, did affect interstate commerce, the regulation was permissible.
Direct-shipping advocates claim that runs contrary to the U.S. Constitution's ban on interference with interstate commerce.
Washington also refuses to apply the Constitution's interstate commerce clause to the production of gasoline.
In order for antitrust laws to apply, a business must be engaged in interstate commerce.
There's a clause in the Constitution that says Congress has the power to regulate interstate commerce.
Recently, a California tax break was struck down as a violation of the Dormant Interstate Commerce Clause.
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Only Congress, which under the U.S. Constitution has sole authority to regulate interstate commerce, can do that.
As Woods interprets it, the interstate commerce clause establishes the United States as a free trade zone.
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The fundamental question with Obamacare is whether it pushes Congressional power to regulate interstate commerce too far.
Stevens was charged in 2004 with violating interstate commerce laws by selling depictions of animal cruelty.
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People who are not doing anything are deemed to be affecting interstate commerce by their very inaction.
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And, if passed, the law will likely be crushed under the weight of the Dormant Interstate Commerce Clause.
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If a law does not substantially affect interstate commerce, the federal government has no right to regulate it.
Requiring out-of-state businesses to deal with that administrative nightmare would impede interstate commerce.
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There have been no findings that gay marriage interferes with interstate commerce, foreign affairs, or the military, Eskridge said.
In this case, government prosecutors successfully argued that the scissors and hair clippers were an instrumentality of interstate commerce.
Mr. Enzi is proposing a fundamental change in the taxation of interstate commerce.
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The answer is that in passing the act, Congress was relying partly on its authority to regulate interstate commerce.
The act gives the president the power to prevent disruption of interstate commerce.
The federal government argues the individual mandate is constitutional under the Commerce Clause, which allows Congress to regulate interstate commerce.
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Congress can regulate even purely local, intrastate economic behavior so long as, in the aggregate, it substantially affects interstate commerce.
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And one more thing: the deal is apparently contingent on there being no changes to the federal laws regarding interstate commerce.
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That was left to Congress and if Congress does not act in an area touching interstate commerce, there may be no regulation.
As I noted in an earlier post, even the Chief Justice has signed off on relatively expansive concepts of interstate commerce.
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Congress does have the power to write new rules for interstate commerce.
Since many of the powers the federal government has assumed since the 1930s rest on an expansive definition of interstate commerce, this matters.
Critics of Obamacare have convinced two federal judges to strike down the law for exceeding the powers of Congress to regulate interstate commerce.
In Lopez, the court struck down a law prohibiting guns near schools as being too disconnected from any reasonable concept of interstate commerce.
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