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Commerce Clause

Index Commerce Clause

The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). [1]

83 relations: A Dictionary of the English Language, A.L.A. Schechter Poultry Corp. v. United States, Abrogation doctrine, Agricultural Adjustment Act of 1938, Anthony Kennedy, Antonin Scalia, Article One of the United States Constitution, Cannabis (drug), Carter v. Carter Coal Co., Cherokee Nation v. Georgia, Chicago, Civil Rights Act of 1964, Clarence Thomas, Commerce, Common law, Constitutional Convention (United States), Controlled Substances Act, Dual federalism, Enumerated powers (United States), Fair Labor Standards Act of 1938, Federal Baseball Club v. National League, Federal crime in the United States, Federal drug policy of the United States, Fifth Amendment to the United States Constitution, Flood v. Kuhn, Fourteenth Amendment to the United States Constitution, Garcia v. San Antonio Metropolitan Transit Authority, Gibbons v. Ogden, Gonzales v. Raich, Gun-Free School Zones Act of 1990, Harvard Law Review, Heart of Atlanta Motel, Inc. v. United States, Interstate Commerce Commission, James Madison, John Marshall, JSTOR, Judicial Procedures Reform Bill of 1937, Ken Cuccinelli, Kidd v. Pearson, Lochner era, Marbury v. Madison, Marshall Court, National Federation of Independent Business v. Sebelius, National Industrial Recovery Act of 1933, National Recovery Administration, Navigable servitude, Necessary and Proper Clause, New Deal, New Federalism, NLRB v. Jones & Laughlin Steel Corp., ..., Owen Roberts, Packers and Stockyards Act, Patient Protection and Affordable Care Act, Police power (United States constitutional law), Rational basis review, Rehnquist Court, Riparian water rights, Robert Bork, Robert Fulton, Samuel Johnson, Section 51(i) of the Constitution of Australia, Section 91(2) of the Constitution Act, 1867, Seminole Tribe of Florida v. Florida, Sherman Antitrust Act, Sovereign immunity, Supreme Court of the United States, Swift & Co. v. United States, Tenth Amendment to the United States Constitution, The Federalist Papers, The switch in time that saved nine, Toolson v. New York Yankees, Inc., U.S. state, United States Congress, United States Constitution, United States Court of Appeals for the Eleventh Circuit, United States presidential election, 1936, United States v. Darby Lumber Co., United States v. Lopez, United States v. Morrison, Violence Against Women Act, West Coast Hotel Co. v. Parrish, Wickard v. Filburn, William Howard Taft. Expand index (33 more) »

A Dictionary of the English Language

Published on 4 April 1755 and written by Samuel Johnson, A Dictionary of the English Language, sometimes published as Johnson's Dictionary, is among the most influential dictionaries in the history of the English language.

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A.L.A. Schechter Poultry Corp. v. United States

A.L.A. Schechter Poultry Corp.

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Abrogation doctrine

The Abrogation doctrine is a constitutional law doctrine expounding when and how the Congress may waive a state's sovereign immunity and subject it to lawsuits to which the state has not consented (i.e., to "abrogate" their immunity to such suits).

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Agricultural Adjustment Act of 1938

The Agricultural Adjustment Act of 1938 was legislation in the United States that was enacted as an alternative and replacement for the farm subsidy policies, in previous New Deal farm legislation (Agricultural Adjustment Act of 1933), that had been found unconstitutional.

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Anthony Kennedy

Anthony McLeod Kennedy (born July 23, 1936) is the senior Associate Justice of the Supreme Court of the United States.

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Antonin Scalia

Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016.

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Article One of the United States Constitution

Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress.

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Cannabis (drug)

Cannabis, also known as marijuana among other names, is a psychoactive drug from the ''Cannabis'' plant intended for medical or recreational use.

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Carter v. Carter Coal Co.

Carter v. Carter Coal Company, 298 U.S. 238 (1936), is a United States Supreme Court decision interpreting the Commerce Clause of the United States Constitution, which permits the United States Congress to "regulate Commerce...

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Cherokee Nation v. Georgia

Cherokee Nation v. Georgia,, was a United States Supreme Court case.

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Chicago

Chicago, officially the City of Chicago, is the third most populous city in the United States, after New York City and Los Angeles.

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Civil Rights Act of 1964

The Civil Rights Act of 1964 is a landmark civil rights and US labor law in the United States that outlaws discrimination based on race, color, religion, sex, or national origin.

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Clarence Thomas

Clarence Thomas (born June 23, 1948) is an American judge, lawyer, and government official who currently serves as an Associate Justice of the Supreme Court of the United States.

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Commerce

Commerce relates to "the exchange of goods and services, especially on a large scale.” Commerce includes legal, economic, political, social, cultural and technological systems that operate in any country or internationally.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Constitutional Convention (United States)

The Constitutional Convention (also known as the Philadelphia Convention, the Federal Convention, or the Grand Convention at Philadelphia) took place from May 25 to September 17, 1787, in the old Pennsylvania State House (later known as Independence Hall because of the adoption of the Declaration of Independence there eleven years before) in Philadelphia.

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Controlled Substances Act

The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated.

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Dual federalism

Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government.

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Enumerated powers (United States)

The Enumerated powers (also called Expressed powers, Explicit powers or Delegated powers) of the United States Congress are listed in Article I, Section 8 of the United States Constitution.

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Fair Labor Standards Act of 1938

The Fair Labor Standards Act of 1938 (abbreviated as FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week.

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Federal Baseball Club v. National League

Federal Baseball Club v. National League,, is a case in which the U.S. Supreme Court ruled that the Sherman Antitrust Act did not apply to Major League Baseball.

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Federal crime in the United States

In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation.

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Federal drug policy of the United States

Use of heroin peaked between 1969 and 1971, marijuana between 1978 and 1979, and cocaine between 1987 and 1989.

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Fifth Amendment to the United States Constitution

The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and, among other things, protects individuals from being compelled to be witnesses against themselves in criminal cases.

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Flood v. Kuhn

Flood v. Kuhn, 407 U.S. 258 (1972), was a United States Supreme Court decision upholding, by a 5–3 margin, the antitrust exemption first granted to Major League Baseball (MLB) in Federal Baseball Club v. National League.

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Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.

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Garcia v. San Antonio Metropolitan Transit Authority

Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), is a United States Supreme Court decision in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the Fair Labor Standards Act, which requires that employers provide minimum wage and overtime pay to their employees, to state and local governments.

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Gibbons v. Ogden

Gibbons v. Ogden, was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation.

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Gonzales v. Raich

Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a decision by the United States Supreme Court ruling that under the Commerce Clause of the US Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.

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Gun-Free School Zones Act of 1990

The Gun-Free School Zones Act (GFSZA) is an act of the U.S. Congress prohibiting any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone as defined by.

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Harvard Law Review

The Harvard Law Review is a law review published by an independent student group at Harvard Law School.

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Heart of Atlanta Motel, Inc. v. United States

Heart of Atlanta Motel, Inc.

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Interstate Commerce Commission

The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887.

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James Madison

James Madison Jr. (March 16, 1751 – June 28, 1836) was an American statesman and Founding Father who served as the fourth President of the United States from 1809 to 1817.

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John Marshall

John James Marshall (September 24, 1755 – July 6, 1835) was an American politician and the fourth Chief Justice of the United States from 1801 to 1835.

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JSTOR

JSTOR (short for Journal Storage) is a digital library founded in 1995.

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Judicial Procedures Reform Bill of 1937

The Judicial Procedures Reform Bill of 1937 (frequently called the "court-packing plan")Epstein, at 451.

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Ken Cuccinelli

Kenneth Thomas Cuccinelli II (born July 30, 1968) is an American politician and lawyer who served as the 46th attorney general of Virginia from 2010 until 2014.

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Kidd v. Pearson

Kidd v. Pearson,, was a case in which the Supreme Court of the United States held that a distinction between manufacturing and commerce meant that an Iowa law that prohibited the manufacture of alcohol (in this case for sale out-of-state) was constitutional as it did not conflict with the power of the US Congress to regulate interstate commerce.

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Lochner era

The Lochner era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies," by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights.

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Marbury v. Madison

Marbury v. Madison,, was a U.S. Supreme Court case that established the principle of judicial review in the United States, so that American courts have the power to strike down laws, statutes, and executive actions that contravene the U.S. Constitution.

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Marshall Court

The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall served as the fourth Chief Justice of the United States.

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National Federation of Independent Business v. Sebelius

National Federation of Independent Business v. Sebelius,, was a landmark United States Supreme Court decision in which the Court upheld Congress' power to enact most provisions of the Patient Protection and Affordable Care Act (ACA), commonly called Obamacare, and the Health Care and Education Reconciliation Act (HCERA), including a requirement for most Americans to have health insurance by 2014.

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National Industrial Recovery Act of 1933

The National Industrial Recovery Act of 1933 (NIRA) was a US labor law and consumer law passed by the US Congress to authorize the President to regulate industry for fair wages and prices that would stimulate economic recovery.

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National Recovery Administration

The National Recovery Administration was a prime New Deal agency established by U.S. president Franklin D. Roosevelt (FDR) in 1933.

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Navigable servitude

Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution.

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Necessary and Proper Clause

The Necessary and Proper Clause, also known as the elastic clause, is a clause in Article I, Section 8 of the United States Constitution that is as follows.

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New Deal

The New Deal was a series of programs, public work projects, financial reforms and regulations enacted in the United States 1933-36, in response to the Great Depression.

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New Federalism

New Federalism is a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states.

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NLRB v. Jones & Laughlin Steel Corp.

National Labor Relations Board v. Jones & Laughlin Steel Corporation, 301 U.S. 1 (1937), was a US labor law case in the United States Supreme Court that declared that the National Labor Relations Act of 1935 (commonly known as the Wagner Act) was constitutional.

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Owen Roberts

Owen Josephus Roberts (May 2, 1875 – May 17, 1955) was an Associate Justice of the United States Supreme Court from 1930 to 1945.

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Packers and Stockyards Act

The Packers and Stockyards Act of 1921 (7 U.S.C. §§ 181-229b; P&S Act) was enacted following the release in 1919 of the Report of the Federal Trade Commission on the meatpacking industry.

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Patient Protection and Affordable Care Act

The Patient Protection and Affordable Care Act, often shortened to the Affordable Care Act (ACA) or nicknamed Obamacare, is a United States federal statute enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010.

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Police power (United States constitutional law)

In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants.

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Rational basis review

Rational basis review, in U.S. constitutional law, refers to the default standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.

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Rehnquist Court

The Rehnquist Court refers to the Supreme Court of the United States from 1986 to 2005, when William Rehnquist served as Chief Justice of the United States.

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Riparian water rights

Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land along its path.

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Robert Bork

Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American judge, government official, and legal scholar who advocated the judicial philosophy of originalism.

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Robert Fulton

Robert Fulton (November 14, 1765 – February 25, 1815) was an American engineer and inventor who is widely credited with developing a commercially successful steamboat called The North River Steamboat of Clermonts.

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Samuel Johnson

Samuel Johnson LL.D. (18 September 1709 – 13 December 1784), often referred to as Dr.

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Section 51(i) of the Constitution of Australia

Section 51(i) of the Australian Constitution enables the Parliament of Australia to make laws about: The meaning of trade and commerce is clarified in section 98 of the Constitution which provides.

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Section 91(2) of the Constitution Act, 1867

Section 91(2) of the Constitution Act, 1867, also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on: The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power.

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Seminole Tribe of Florida v. Florida

Seminole Tribe of Florida v. Florida,, was a United States Supreme Court case which held that Article One of the U.S. Constitution did not give the United States Congress the power to abrogate the sovereign immunity of the states that is further protected under the Eleventh Amendment.

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Sherman Antitrust Act

The Sherman Antitrust Act (Sherman Act) is a landmark federal statute in the history of United States antitrust law (or "competition law") passed by Congress in 1890 under the presidency of Benjamin Harrison.

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Sovereign immunity

Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution.

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Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

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Swift & Co. v. United States

Swift & Co.

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Tenth Amendment to the United States Constitution

The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.

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The Federalist Papers

The Federalist (later known as The Federalist Papers) is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the pseudonym "Publius" to promote the ratification of the United States Constitution.

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The switch in time that saved nine

"The switch in time that saved nine" is the name given to what was perceived as the sudden jurisprudential shift by Associate Justice Owen Roberts of the U.S. Supreme Court in the 1937 case West Coast Hotel Co. v. Parrish.

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Toolson v. New York Yankees, Inc.

Toolson v. New York Yankees,, is a United States Supreme Court case in which the Court upheld, 7–2, the antitrust exemption first granted to Major League Baseball (MLB) three decades earlier in Federal Baseball Club v. National League.

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U.S. state

A state is a constituent political entity of the United States.

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United States Congress

The United States Congress is the bicameral legislature of the Federal government of the United States.

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United States Constitution

The United States Constitution is the supreme law of the United States.

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United States Court of Appeals for the Eleventh Circuit

The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts.

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United States presidential election, 1936

The United States presidential election of 1936 was the thirty-eighth quadrennial presidential election, held on Tuesday, November 3, 1936.

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United States v. Darby Lumber Co.

United States v. Darby Lumber Co.,., was a case in which the United States Supreme Court upheld the Fair Labor Standards Act of 1938, holding that the U.S. Congress had the power under the Commerce Clause to regulate employment conditions.

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United States v. Lopez

United States v. Alfonso D. Lopez, Jr., was the first United States Supreme Court case since the New Deal to set limits to Congress' power under the Commerce Clause of the United States Constitution.

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United States v. Morrison

United States v. Morrison,, is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.

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Violence Against Women Act

The Violence Against Women Act of 1994 (VAWA) is a United States federal law (Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act) signed as by President Bill Clinton on September 13, 1994 (codified in part at 42 U.S.C. sections 13701 through 14040).

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West Coast Hotel Co. v. Parrish

West Coast Hotel Co.

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Wickard v. Filburn

Wickard v. Filburn, 317 U.S. 111 (1942), was a United States Supreme Court decision that dramatically increased the regulatory power of the federal government.

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William Howard Taft

William Howard Taft (September 15, 1857 – March 8, 1930) was the 27th President of the United States (1909–1913) and the tenth Chief Justice of the United States (1921–1930), the only person to have held both offices.

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Redirects here:

Article I, Section 8, Clause 3, Commerce Clause of the United States Constitution, Commerce clause, Foreign Commerce Clause, Indian Commerce Clause, Interstate Commerce Clause, Interstate commerce, Interstate commerce clause, The commerce clause, United States Constitution Commerce Clause, United States Constitution/Commerce Clause.

References

[1] https://en.wikipedia.org/wiki/Commerce_Clause

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