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78 results for “commerce clause”

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

   H.R. 4090: Critical Mineral Dominance Act

   …and no upward power shift. Grounded in Article IV property power and foreign commerce study, this mineral plan earns top marks. Authority rests on Article IV, Section 3, Clause 2, giving Congress power to dispose of and make rules for…

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

   Executive Order 14320: Promoting the Export of the American AI Technology Stack

   …subject to applicable law and appropriations. It rests on federal foreign commerce and executive foreign-affairs powers, imposes no domestic mandate, search, speech restriction, taking, or denial of due process, and leaves domestic…

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

   Executive Order 14331: Guaranteeing Fair Banking for All Americans

   …Federal banking supervision rests on Article I, Section 8, Clause 3 commerce authority and Clause 18 necessary and proper authority as applied to federally chartered and insured institutions. The order limits action to the greatest extent…

4. 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…

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

   Executive Order 14366: Protecting American Investors From Foreign-Owned and Politically-Motivated Proxy Advisors

   …interstate securities and pensions under Article I, Section 8, Clause 3 Commerce Clause and Clause 18 Necessary and Proper Clause. Order creates no new regulatory power beyond statutes passed by Congress and requires Administrative…

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

   H.R. 9170: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2027

   …within Congress's enumerated powers under Article I, Section 8, Clause 3 (the Commerce Clause) and Article I, Section 8, Clause 1 (the Spending Power). However, the bill's extensive funding for HUD programs, including public housing,…

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

   H.R. 27: HALT Fentanyl Act

   …and individual sovereignty. While Congress has enumerated power under the Commerce Clause to regulate controlled substances, permanently scheduling an entire class of substances without individualized assessment risks overreach, restricts…

8. 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…

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

   H.R. 5587: HEATS Act

   …activity as a major federal action. No reliance on an expansive reading of the Commerce Clause in Article I, Section 8, Clause 3 to regulate wholly state and private land activity. No provision of the first ten Amendments is infringed. The…

10. 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…

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

    Executive Order 14364: Addressing Security Risks From Price Fixing and Anti-Competitive Behavior in the Food Supply Chain

    …authority over this subject under Article I, Section 8, Clause 3 to regulate commerce among the states and with foreign nations, and Clause 18 to make laws necessary and proper for that regulation. Federal antitrust investigation and…

12. 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…

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

    S.J.Res. 31: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act".

    Constitutional oversight that stays inside enumerated commerce and oversight powers, infringes no rights, expands individual and state latitude, and uses lawful process. Grade A. Congress acts within explicit authority. Article I, Section…

14. 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,…

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

    H.R. 3106: Weatherizing Infrastructure in the North and Terrorism Emergency Readiness Act of 2025

    …common Defence under Article I, Section 8, Clause 1, to regulate interstate commerce affected by critical infrastructure under Article I, Section 8, Clause 3, and to make laws necessary and proper for executing those powers under Article…

16. 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…

17. 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…

18. 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,…

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

    H.R. 2140: Diesel Emissions Reduction Act of 2025

    …is imposed, so the measure stays within the spending power and does not exceed Commerce Clause limits under Article I, Section 8, Clause 3. No provision of the first ten Amendments is infringed. The bill creates voluntary grants, rebates,…

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

    Executive Order 14301: Reforming Nuclear Reactor Testing at the Department of Energy

    …operations. Subject matter rests on Congress's Article I, Section 8, Clause 18 Necessary and Proper authority executed through Atomic Energy Act, 42 U.S.C. 2140, 42 U.S.C. 5842, and on Article IV, Section 3, Clause 2 Property Clause for…