Search and Ask VFA

139 results for “commerce clause”

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

   H.R. 747: Stop Chinese Fentanyl Act of 2025

   …reservation of powers to the states. While Congress has authority over foreign commerce and national security, the broad delegation of sanctioning power and the lack of procedural safeguards for targeted entities create substantial…

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

   Executive Order 14369: Ensuring American Space Superiority

   …takes no property without due process. Grade A. Federal space, defense, and commerce action is authorized. Article II, Section 2 makes the President Commander in Chief and vests executive power in directing agencies; Article II, Section 3…

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

   Executive Order 14256: Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China as Applied to Low-Value Imports

   Constitutional border and foreign-commerce action to close the de minimis channel exploited for synthetic opioid shipments, with advance notice and lawful collection procedures and no Bill of Rights infringement. Minor tension remains from…

4. 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.…

5. VFA SI Solution · SI Solution responding to 2026-03832 · Oct 16, 2026

   SI Corrected Executive Form for Ending Emergency Duties Under Executive Order 14389

   …power to lay duties under Article I, Section 8, Clause 1 and to regulate commerce with foreign nations under Article I, Section 8, Clause 3. That is why new duties need a law. Ending duties the President imposed needs no new law. The…

6. VFA SI Solution · SI Solution responding to cl-10878536 · Jul 02, 2026

   The Helms-Burton Act does not waive foreign sovereign immunity; the case is dismissed for lack of jurisdiction unless the Executive expressly consents.

   …relevant constitutional text includes Article I, Section 8, Clause 3 (foreign commerce), Article III (judicial power extends only to cases and controversies), and the Eleventh Amendment (sovereign immunity limits suits against states; by…

7. 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.…

8. 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…

9. VFA SI Solution · SI Solution responding to 2026-16730 · Aug 15, 2026

   Childhood Vaccine Evidence and Accountability Act of 2026

   To ensure that childhood vaccine recommendations are held to a 'gold standard' of scientific evidence, transparency, and conflict-of-interest review, while preserving public trust in vaccine policy and protecting public health. SECTION 1.…

10. 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…

11. 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…

12. 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…

13. VFA SI Solution · SI Solution responding to 2026-08908 · May 13, 2026

    Worker Retirement Savings Access Act of 2026

    …I, Section 8, Clause 1 (taxing and spending) Article I, Section 8, Clause 3 (commerce to regulate retirement savings in national economy) Article I, Section 8, Clause 18 (necessary and proper laws) Tenth Amendment (reserves non-delegated…

14. 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…

15. 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…

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

    H.J.Res. 69: Providing for congressional disapproval of the proposed foreign military sale to Israel of certain defense articles and services.

    …resolution is a valid exercise of Congress's enumerated power over foreign commerce and its constitutional role in overseeing foreign military sales. It does not infringe on any constitutional rights, respects individual sovereignty, and…

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

    Executive Order 14358: Modifying Reciprocal Tariff Rates Consistent With the Economic and Trade Arrangement Between the United States and the People's Republic of China

    …and Article I, Section 8, Clause 3 vests Congress with power to regulate commerce with foreign nations. The President invokes the International Emergency Economic Powers Act, National Emergencies Act, and 19 U.S.C. 2483 to impose, raise,…

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

    H.R. 3276: Local Communities & Bird Habitat Stewardship Act of 2025

    …and is supported for migratory wildlife by Article I, Section 8, Clause 3, the Commerce Clause among the several States, and Article II, Section 2 treaty authority implemented under the Migratory Bird Treaty Act framework. The bill…

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

    H.R. 6422: American Water Stewardship Act

    …over interstate water quality and spending is well-established under the Commerce and Spending Clauses. The bill does not directly infringe individual rights, though the funding restriction tied to foreign countries of concern raises mild…

20. 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,…