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78 results for “commerce clause”

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

   Executive Order 14259: Amendment to Reciprocal Tariffs and Updated Duties as Applied to Low-Value Imports From the People's Republic of China

   Foreign tariffs are within federal enumerated commerce and duty powers and raise no Bill of Rights, decentralization, or due process violation, but EO 14259 unilaterally rewrites tariff rates by emergency order, stretching Article I,…

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

   Executive Order 14298: Modifying Reciprocal Tariff Rates To Reflect Discussions With the People's Republic of China

   …reciprocal tariff regime. Congress holds the tariff and foreign-commerce powers, and persistent deficits do not establish an emergency permitting the President to set general duties. That separation-of-powers overstep, combined with broad…

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

   Executive Order 14276: Restoring American Seafood Competitiveness

   …14276 constitutionally sound: it directs executive agencies within existing commerce and trade authorities to reduce regulatory burdens, improve fisheries science, and address unfair foreign practices, without infringing rights, seizing…

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

   S. 1003: Lulu’s Law

   …warnings on the existing wireless alert system. It exercises a clear commerce power, restricts no rights, takes no property, and adds no federal control over local responders. Regulation of interstate electronic communications is within…

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

   Executive Order 14266: Modifying Reciprocal Tariff Rates To Reflect Trading Partner Retaliation and Alignment

   …with private contract and disposition of property. Regulation of duties and commerce with foreign nations is one of the few functions that cannot be handled at a lower level. Article I, Section 8, Clause 3 expressly grants Congress power…

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

   H.J.Res. 87: 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 Pollution Control Standards; Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance Provisions; Advanced Clean Trucks; Zero Emission Airport Shuttle; Zero-Emission Power Train Certification; Waiver of Preemption; Notice of Decision".

   Congress used its commerce and oversight powers through lawful procedure to block a single-state emissions mandate from functioning as a national rule, protecting liberty and uniform federal law with no rights infringement or taking.…

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

   S.J.Res. 37: A joint resolution terminating the national emergency declared to impose duties on articles imported from Canada.

   SJRES 37 is constitutional. It uses Congress's Article I foreign-commerce and duties powers to end an executive emergency tariff regime on Canada, reducing burdens on liberty, property, and due process rather than creating new ones.…

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

   S.J.Res. 77: A joint resolution terminating the national emergency declared to impose duties on articles imported from Canada.

   SJRES 77 is constitutional. Congress uses its Article I foreign-commerce and duties powers to end an executive emergency tariff on Canada, removing a burden on peaceful exchange, restoring legislative process, and pushing power away from…

9. Constitution Index grade · Constitution grade C (Significant issues) · Oct 13, 2026

   S. 2: Secure America Act

   …deliberation. While border security is a legitimate federal interest under the Commerce Clause and the plenary power over immigration, the bill's broad delegation of authority and the deployment of advanced surveillance systems without…

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

    Executive Order 14272: Ensuring National Security and Economic Resilience Through Section 232 Actions on Processed Critical Minerals and Derivative Products

    …232 investigation order stays within presidential execution of a valid foreign-commerce and national-security statute, imposes no rights restriction or property taking, and addresses a subject only the federal level can assess. President…

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

    Executive Order 14289: Addressing Certain Tariffs on Imported Articles

    …takes no property, and operates in the inherently federal field of foreign commerce. Any concern about the broader emergency-tariff regime is mitigated, not worsened, by this order. The power to lay duties and regulate commerce with…

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

    Executive Order 14297: Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients

    …conduct, stays at the federal level only where foreign trade and interstate commerce require it, and defers takings and process questions to future lawful proceedings. Residual risk is in threatened future rulemaking and approval review,…

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

    H.R. 915: Small Business Technological Advancement Act

    …guarantee private loans for general business software and cloud services. The Commerce Clause, Article I, Section 8, Clause 3, permits regulation of interstate commerce, not federal financing of ordinary business inputs. The Spending…

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

    H.R. 7757: KIDS Act

    Federal commerce authority exists for interstate platforms, and due process structure is preserved, but the bill imposes broad speech and association limits, mandated identification systems, and federal design standards better handled by…

15. 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…

16. 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.…

17. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 09, 2026

    H.R. 1005: Combating the Lies of Authoritarians in School Systems Act

    …The bill also lacks a nexus to any enumerated power, such as foreign commerce (Article I, Section 8, Clause 3) or national defense (Article I, Section 8, Clauses 11-16), as it targets local school operations rather than direct foreign…

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

    H.J.Res. 88: 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 Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision".

    HJRES 88 is constitutional. Congress used its enumerated commerce and oversight powers through lawful procedure to nullify an agency waiver, infringed no Bill of Rights protection, expanded individual choice by removing a mandate,…

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

    Executive Order 14322: Saving College Sports

    …power. Article I, Section 8 lists limited federal powers including the Commerce Clause in Clause 3, but operating collegiate athletic departments, scholarships, and athlete endorsements are predominantly local educational activity already…

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

    H.R. 1901: CHIPP Act

    …traditional scope of enumerated powers. The bill does not regulate interstate commerce (Article I, Section 8, Clause 3) in a way that justifies a permanent federal health insurance program for children. The Tenth Amendment reserves to the…