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48 results for “commerce clause”

1. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 08, 2026

   H.R. 4795: Protect Economic and Academic Freedom Act of 2026

   …speech while pursuing funding neutrality. Congress relies on the Spending Clause in Article I, Section 8, Clause 1 to set terms for federal funds it appropriates for student aid and international education. Conditioning participation on…

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

   Executive Order 14361: Modifying the Scope of Tariffs on the Government of Brazil

   …significant enumerated-powers tension. The power to lay duties and regulate commerce with foreign nations belongs to Congress under Article I, Section 8, Clause 1 and Clause 3. This order rests on delegated statutes, principally the…

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

   Executive Order 14367: Designating Fentanyl as a Weapon of Mass Destruction

   …law' and subject to appropriations, relying on Congress's powers over commerce, offenses against the law of nations, and provision for common defense. Scope of the WMD label is broad but remains within direction of the executive branch.…

4. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 10, 2026

   H.R. 2853: Combating Organized Retail Crime Act of 2025

   …by states, but does so within Congress's enumerated power over interstate commerce. It does not infringe individual rights or due process, but the creation of a federal coordination center consolidates law enforcement upward beyond what is…

5. Constitution Index grade · Constitution grade C (Significant issues) · Oct 10, 2026

   H.Res. 707: Providing for consideration of the bill (H.R. 4922) to limit youth offender status in the District of Columbia to individuals 18 years of age or younger, to direct the Attorney General of the District of Columbia to establish and operate a publicly accessible website containing updated statistics on juvenile crime in the District of Columbia, to amend the District of Columbia Home Rule Act to prohibit the Council of the District of Columbia from enacting changes to existing criminal liability sentences, and for other purposes; providing for consideration of the bill (H.R. 5143) to establish standards for law enforcement officers in the District of Columbia to engage in vehicular pursuits of suspects, and for other purposes; providing for consideration of the bill (H.R. 5140) to lower the age at which a minor may be tried as an adult for certain criminal offenses in the District of Columbia to 14 years of age; providing for consideration of the bill (H.R. 5125) to amend the

   …provisions (H.R. 1047, H.R. 3015, H.R. 3062) that may fall under the Commerce Clause (Article I, Section 8, Clause 3), but the interconnection queue reform and border-crossing facility provisions may exceed the scope of federal authority…

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

   Executive Order 14357: Modifying Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China

   …PRC commitments on fentanyl precursors. It operates within the federal foreign-commerce domain, infringes no Bill of Rights protection, expands individual economic liberty, and satisfies due process through prospective published…

7. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 10, 2026

   H.R. 6260: Keeping Violent Offenders Off Our Streets Act of 2025

   …insurance fraud, which falls under Congress's power to regulate interstate commerce (Article I, Section 8, Clause 3). However, the bill redefines 'business of insurance' to include charitable bail funds that post bail, which are not…

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

   H.R. 8595: Making appropriations for national security, Department of State, and related programs for the fiscal year ending September 30, 2027, and for other purposes.

   …funds are drawn. Foreign-affairs spending is tied to federal powers over commerce with foreign nations under Article I, Section 8, Clause 3, naturalization and offenses against the law of nations under Clauses 4 and 10, and support for the…

9. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 08, 2026

   Executive Order 14326: Further Modifying the Reciprocal Tariff Rates

   …collect duties and imposts, and Clause 3 vests Congress with power to regulate commerce with foreign nations. Article I, Section 1 vests all legislative powers in Congress. The President cites IEEPA, the National Emergencies Act, and 19…

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

    S.J.Res. 28: A joint resolution disapproving the rule submitted by the Bureau of Consumer Financial Protection relating to "Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications".

    …CFPB supervisory rule over large digital payment apps. It rests on Article I commerce and oversight authority, enacted through proper bicameralism and presentment, infringes no Bill of Rights protection, expands individual economic…

11. Constitution Index grade · Constitution grade A (Constitutional) · Oct 14, 2026

    Executive Order 14414: Advancing Regenerative Agriculture and Strengthening American Farm Resilience

    …statutory authorities, which are grounded in Article I, Section 8, Clause 3 (Commerce Clause) and the Necessary and Proper Clause (Article I, Section 8, Clause 18). The actions—such as prioritizing pesticide registration, reviewing…

12. Constitution Index grade · Constitution grade F (Direct violation) · Oct 10, 2026

    H.R. 5625: Cashless Bail Reporting Act

    …under Article I, Section 8 to regulate state pretrial release procedures. The Commerce Clause (Article I, Section 8, Clause 3) does not apply because bail decisions are not interstate commerce. The Spending Clause (Article I, Section 8,…

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

    Executive Order 14302: Reinvigorating the Nuclear Industrial Base

    …energy rests on Article I, Section 8, Clauses 3, 14 and 18 for interstate commerce, common defence, and the Necessary and Proper Clause, as implemented by the Atomic Energy Act and the Defense Production Act, 50 U.S.C. 4558, plus Article…

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

    Executive Order 14360: Modifying the Scope of the Reciprocal Tariffs With Respect to Certain Agricultural Products

    …tariff authority, so grade is B rather than A. Regulation of foreign commerce and laying of duties is an enumerated federal power under Article I, Section 8, Clauses 1 and 3. The President cites the International Emergency Economic Powers…

15. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 10, 2026

    H.R. 825: Assisting Small Businesses Not Fraudsters Act

    …has minor constitutional tensions. It operates within Congress's enumerated commerce power and does not directly infringe the Bill of Rights, but the permanent ban on SBA assistance for individuals convicted of financial crimes raises…

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

    H.R. 2478: Financial Exploitation Prevention Act of 2025

    …procedure to pause suspected elder exploitation redemptions fits interstate commerce authority and preserves ownership with notice and court review. Minor tension remains from temporary loss of access to personal funds, warranting tight…

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

    H.R. 9436: Northeast Lobsterman Protection Act of 2026

    A routine exercise of the commerce power over interstate fisheries that adds no new rights burden, taking, or centralization. The SI review finds it extends the status quo deadline for whale-protection gear rules from 2028 to 2035,…

18. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 10, 2026

    H.R. 1366: Mining Regulatory Clarity Act

    …Clarity Act is mostly sound but has minor tensions with the Property Clause and the Ninth Amendment. It operates within Congress's enumerated power over federal lands, does not directly infringe the Bill of Rights, and preserves individual…

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

    Executive Order 14328: Establishing the White House Task Force on the 2028 Summer Olympics

    …are within federal enumerated authority: Article I, Section 8, Clause 3 commerce with foreign nations for entry/exit and transportation, Clause 4 naturalization and immigration for visa processing, Article I, Section 8, Clauses 11-14 and…

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

    S.J.Res. 81: A joint resolution terminating the national emergency declared to impose duties on articles imported from Brazil.

    SJRES 81 is constitutional. It uses explicit Article I foreign-commerce and duties powers to end an emergency-based 40% Brazil tariff, infringes no Bill of Rights protection, expands individual economic liberty, keeps foreign trade at the…