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146 results for “commerce clause”

1. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

   Executive Order 14349: Establishing an Emergency Board To Investigate Disputes Between the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations

   …board expressly required by Railway Labor Act section 9A, executing Commerce Clause regulation of rail disputes. Temporary, neutral, report-only body with no rights restriction, no permanent centralization, and no deprivation or taking.…

2. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 14, 2026

   H.R. 9171: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2027

   …can be tied to the Property Clause (Article IV, Section 3, Clause 2) and the Commerce Clause (Article I, Section 8, Clause 3), funding entities like the National Endowment for the Arts, the National Endowment for the Humanities, the…

3. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

   H.R. 3234: Keeping Deposits Local Act

   …amendment to existing federal deposit-insurance law, authorized by the Commerce and Necessary and Proper Clauses, that expands rather than restricts liberty and creates no rights, due process, or federalism violation. Congress has explicit…

4. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

   H.R. 8646: Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2027

   …programs, and foreign food grants falls within the spending power, the Commerce Clause in Article I, Section 8, Clause 3, and the Necessary and Proper Clause in Article I, Section 8, Clause 18. No provision on its face restricts speech,…

5. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

   S. 1582: GENIUS Act

   …framework for fixed-value payment instruments rests on interstate and foreign commerce authority, preserves a state licensing path, imposes no direct ban on speech or ownership, and provides knowledge-based penalties with regulator…

6. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

   Executive Order 14329: Addressing Threats to the United States by the Government of the Russian Federation

   …to address a declared foreign threat. The action sits within federal foreign-commerce and executive power, infringes no Bill of Rights protection, respects prospective notice, and operates at the only level that can conduct foreign policy.…

7. Constitution Index grade · Constitution grade C (Significant issues) · Oct 08, 2026

   Executive Order 14346: Modifying the Scope of Reciprocal Tariffs and Establishing Procedures for Implementing Trade and Security Agreements

   EO 14346 operates in the inherently federal field of foreign commerce where decentralization, Bill of Rights, and takings checks pass, and the underlying SI review finds publication and prospective application satisfy due process. It is…

8. Constitution Index grade · Constitution grade C (Significant issues) · Oct 08, 2026

   H.R. 7148: Consolidated Appropriations Act, 2026

   …human services, and extended welfare and insurance programs, which stretch the Commerce Clause in Article I, Section 8, Clause 3 and the General Welfare Clause beyond a limited reading and intrude on powers reserved by the Tenth Amendment.…

9. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

   H.Res. 1499: Providing for consideration of the bill (H.R. 1501) to amend the FAST Act to include certain mineral production activities as a covered project, and for other purposes; providing for consideration of the bill (H.R. 9436) to amend the Consolidated Appropriations Act, 2023 to extend the time period for which certain regulations concerning the North Atlantic right whale are effective; providing for consideration of the resolution (H. Res. 1490) providing for the condemnation and denouncement of socialism in all its forms, and for other purposes; providing for consideration of the bill (H.R. 4795) to amend the Higher Education Act of 1965 to prohibit an institution that participates in a nonexpressive commercial boycott of Israel from being eligible for certain funds under that Act, to require an institution that participates in certain programs under that Act to certify that students are not unreasonably obstructed from participating in academic programs in Israel, and for ot

   …debate on listed bills is expressly authorized by Article I, Section 5, Clause 2 and restricts no private rights, property, or process. Any First Amendment concern attaches to the underlying boycott bill, not to scheduling its…

10. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    H.J.Res. 42: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Energy relating to "Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment".

    …under Article I, Section 1 vesting legislative power, Article I, Section 8 Clause 18 Necessary and Proper Clause to check executive implementation, and Article I, Section 7 presentment process, using the Congressional Review Act at 5…

11. Constitution Index grade · Constitution grade C (Significant issues) · Oct 14, 2026

    Executive Order 14387: Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate- Based Herbicides

    …8, Clauses 1, 11, and 14 to provide for the common defense and regulate commerce. However, the order's broad delegation of authority to the Secretary of Agriculture to allocate materials and prioritize contracts raises significant concerns…

12. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    Executive Order 14307: Unleashing American Drone Dominance

    …with states and localities, and export support. It rests on established Commerce Clause and executive authority, creates no rights restriction, surveillance program, or taking, and preserves state and local participation. SI review finds…

13. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

    Executive Order 14309: Implementing the General Terms of the United States of America-United Kingdom Economic Prosperity Deal

    A delegated trade implementation within the federal foreign-commerce domain that lowers selected duties and sets quotas by published rule, with no rights infringement, no taking, and no upward consolidation; the sole tension is reliance on…

14. Constitution Index grade · Constitution grade C (Significant issues) · Oct 08, 2026

    Executive Order 14334: Further Modifying Reciprocal Tariff Rates To Reflect Ongoing Discussions With the People's Republic of China

    …I, Section 8, Clauses 1 and 3 vest power to lay duties and regulate foreign commerce in Congress, while Article I, Section 1 vests all legislative power in Congress. The President may only act here with valid statutory delegation plus…

15. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 11, 2026

    H.R. 1777: SECURE Notarization Act of 2025

    …reservation of notary regulation to the states, though the interstate commerce nexus provides a plausible constitutional basis. The recording requirements, while not a search in the traditional sense, implicate privacy and Fourth Amendment…

16. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 09, 2026

    H.R. 2683: Remote Access Security Act

    …constitutional. It falls within Congress's enumerated powers over foreign commerce and foreign affairs. While it extends export controls to remote access, which could incidentally affect speech or property rights, the restrictions are…

17. Constitution Index grade · Constitution grade C (Significant issues) · Oct 08, 2026

    Executive Order 14325: Amendment to Duties To Address the Flow of Illicit Drugs Across Our Northern Border

    A border fentanyl emergency and foreign-commerce regulation are a legitimate federal concern, and the order does not directly violate the Bill of Rights. It is graded C because raising and restructuring tariff duties by executive order…

18. Constitution Index grade · Constitution grade C (Significant issues) · Oct 08, 2026

    Executive Order 14353: Assuring the Security of the State of Qatar

    …to conduct diplomacy, and Congress has Article I, Section 8, Clause 3 foreign commerce and Clauses 11-14 war and military powers. The constitutional defect is that Section 1 declares it 'policy of the United States to guarantee the…

19. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    H.R. 2860: Northwest Straits Marine Conservation Initiative Reauthorization Act of 2025

    …with no mandates, penalties, searches, or property limits, supported by commerce and coordination authority and delivered through local committees. Congress may fund research, technical support, and interstate coordination for navigable…

20. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

    H.J.Res. 89: Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The 'Omnibus' Low NOX Regulation; Waiver of Preemption; Notice of Decision".

    Congress used lawful Commerce Clause and review authority to nullify an EPA waiver, with no Bill of Rights, sovereignty, or due process harm. The sole constitutional tension is decentralization: it blocks a state-level pollution program in…