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182 results for “commerce clause”

1. 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…

2. 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,…

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

   H.R. 5317: Community Bank Deposit Access Act of 2025

   A narrow deregulatory adjustment within Congress commerce and deposit-insurance authority. It reduces federal oversight for well-capitalized community banks, infringes no enumerated or unenumerated right, and imposes no taking or process…

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

   S.J.Res. 88: A joint resolution terminating the national emergency declared to impose global tariffs.

   …no rights infringement or due-process loss. Congress holds explicit tariff and commerce authority under Article I, Section 8, Clause 1 to lay duties, and Clause 3 to regulate commerce with foreign nations. A joint resolution ending an…

5. Constitution Index grade · Constitution grade A (Constitutional) · Oct 09, 2026

   H.R. 4626: Home Appliance Protection and Affordability Act

   …fully constitutional. It operates within Congress's enumerated power under the Commerce Clause to regulate energy conservation standards for appliances sold in interstate commerce. The bill does not infringe any Bill of Rights protections,…

6. 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…

7. 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,…

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

   Executive Order 14380: Addressing Threats to the United States by the Government of Cuba

   SI review finds EO 14380 is a foreign-affairs and foreign-commerce emergency measure within presidential and delegated authority, with no domestic rights infringement, sovereignty violation, or taking. Minor tension remains because tariff…

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

   H.R. 3357: Enhancing Multi-Class Share Disclosures Act

   The bill is a federal securities disclosure requirement grounded in the Commerce Clause and the Securities and Exchange Commission's existing regulatory authority. It does not directly infringe on constitutional rights, but it imposes…

10. 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…

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

    H.R. 7022: Mystic Alerts Act

    …operates within Congress's enumerated power to regulate interstate and foreign commerce (Article I, Section 8, Clause 3) and to establish post offices and post roads (Article I, Section 8, Clause 7), as emergency alerts are a matter of…

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

    H.R. 1870: SPEED for BEAD Act

    …for BEAD Act generally operates within federal enumerated powers under the Commerce Clause and Spending Clause, and does not directly infringe individual rights. However, the prohibition on state rate regulation raises significant…

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

    S. 146: TAKE IT DOWN Act

    …in an area traditionally reserved to the states, though the interstate commerce nexus provides some justification. Overall, the law is a well-intentioned but constitutionally problematic attempt to regulate online speech and platform…

14. Constitution Index grade · Constitution grade A (Constitutional) · Oct 09, 2026

    H.R. 4776: SPEED Act

    …for major federal actions. Congress has clear enumerated authority under the Commerce Clause and the Property Clause to regulate the environmental effects of federal projects and to define the procedures for such reviews. The bill does not…

15. 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…

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

    H.R. 2978: GUARD Act

    …investment schemes is further supported by Article I, Section 8, Clause 3 (Commerce Clause). The bill does not create a new federal police power; it permits existing grant recipients to target fraud and directs FinCEN reporting, which is…

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

    S. 331: HALT Fentanyl Act

    …I placement and uniform penalties for fentanyl-related trafficking fall within commerce authority and preserve trial rights, with a strong protective justification for a lethal interstate drug. Mandatory minimums and class-wide scheduling…

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

    Executive Order 14262: Strengthening the Reliability and Security of the United States Electric Grid

    …expedited emergency procedures, and reliability studies fall within commerce and executive authority, with no direct rights infringement. Retention and anti-retirement language for large plants creates only fixable tension on property, due…

19. 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…

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

    Executive Order 14352: Saving TikTok While Protecting National Security

    …exercising Article I, Section 8, Clause 3 regulation of foreign and interstate commerce and Clause 11 authority over national defense. The order stays within that grant by making the findings the statute requires on ownership below 20…