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78 results for “commerce clause”

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

   Executive Order 14316: Extending the Modification of the Reciprocal Tariff Rates

   …taking occurs, yet federal executive consolidation of the taxing and foreign-commerce power requires congressional reauthorization with clear limits. Article I, Section 8, Clauses 1 and 3 vest power to lay and collect Duties and to…

2. 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…

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

   S.J.Res. 55: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Highway Traffic Safety Administration relating to "Federal Motor Vehicle Safety Standards; Fuel System Integrity of Hydrogen Vehicles; Compressed Hydrogen Storage System Integrity; Incorporation by Reference".

   …compressed-storage test protocols for hydrogen fuel systems sold in interstate commerce, and states can regulate vehicle use, tort liability, and road safety under their police powers reserved by the Tenth Amendment. The action satisfies…

4. 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…

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

   S.J.Res. 18: A joint resolution disapproving the rule submitted by the Bureau of Consumer Financial Protection relating to "Overdraft Lending: Very Large Financial Institutions".

   …to disapprove an executive rule. Regulation of bank fees tied to interstate commerce falls under Article I, Section 8, Clause 3 and the Necessary and Proper Clause in Clause 18. Nullifying a rule is plainly within enumerated legislative…

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

   H.J.Res. 61: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing".

   …executive implementation, Article I, Section 8, Clause 3 over interstate commerce affected by manufacturing emissions, and Article I, Section 7 legislative power exercised through the Congressional Review Act. Disapproving an agency rule…

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

   Executive Order 14433: Eliminating Disease-Carrying Pests and Restoring Enjoyment of the Great Outdoors

   …is lawful federal power over the seat of government: Article I, Section 8, Clause 17 gives Congress exclusive legislation over the District of Columbia, executed by the President under Article II, Section 1 and Article II, Section 3. Work…

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

   H.R. 8665: Allied Defense Sales Act

   …II, Section 2) and the federal government's exclusive authority over foreign commerce (Article I, Section 8, Clause 3) support federal action in this area. The bill directs the State Department to implement a strategy for foreign military…

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

   Executive Order 14268: Reforming Foreign Defense Sales To Improve Speed and Accountability

   …powers not delegated, but foreign affairs, national defense, and regulation of commerce with foreign nations are delegated to the federal government. Directing Secretaries of State and Defense to coordinate parallel decision-making within…

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

    Executive Order 14350: Further Extending the TikTok Enforcement Delay

    …exercised its Article I, Section 8 authority over foreign and interstate commerce and national defense in Public Law 118-50. A time-limited delay of enforcement for orderly implementation can fall within Executive discretion, but this…

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

    H.R. 5763: Main Street Parity Act

    …Main Street Parity Act is likely constitutional. Congress has the spending and commerce power to administer Small Business Administration lending, the bill does not infringe the Bill of Rights or individual sovereignty, and it creates no…

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

    S.J.Res. 13: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of the Comptroller of the Currency of the Department of the Treasury relating to the review of applications under the Bank Merger Act.

    …procedural rule and reduces federal regulatory burden. It rests on enumerated commerce and necessary-and-proper powers, infringes no Bill of Rights protection, expands individual freedom, decentralizes rather than consolidates power, and…

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

    H.Res. 1423: Providing for consideration of the bill (H.R. 139) to make daylight savings time permanent, and for other purposes; providing for consideration of the bill (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; providing for consideration of the bill (H.R. 9237) to amend titles 10 and 38, United States Code, and other Federal laws, to improve benefits for veterans and the administration of the Department of Veterans Affairs; providing for consideration of the bill (H.R. 1181) to prohibit payment card networks and covered entities from requiring the use of or assigning merchant category codes that distinguish a firearms retailer from general-merchandise retailer or sporting-goods retailer, and for other purposes; and for other purposes.

    …interests by preventing compelled financial surveillance of lawful commerce. No rights are infringed by the rule itself under the First Amendment or Fourth Amendment. The resolution restricts no personal conduct, property use, labor,…

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

    H.J.Res. 24: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Energy relating to "Energy Conservation Program: Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers".

    …authority. Article I, Section 8, Clause 3 gives Congress power to regulate commerce among the states, and Article I, Section 8, Clause 18 gives power to make laws necessary and proper for carrying federal powers into effect. Here Congress…

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

    Executive Order 14362: Designation of Certain Muslim Brotherhood Chapters as Foreign Terrorist Organizations and Specially Designated Global Terrorists

    …be executed, implementing statutes passed under Article I, Section 8, Clause 3 commerce with foreign nations, Clause 11 war-related powers, and Clause 18 necessary and proper. Cited authorities are Immigration and Nationality Act section…

16. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 13, 2026

    S. 3627: Pregnant Students’ Rights Act

    …with fixable issues. Congress has authority under Article I, Section 8, Clause 1 (Spending Clause) to attach conditions to federal funds, including student aid programs. The bill conditions participation in federal student aid on providing…

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

    H.R. 1263: Strengthening the Quad Act

    …and Article I, Section 8, Clause 3 grants Congress the power to regulate commerce with foreign nations. Directing the State Department to engage in diplomatic dialogue with allied nations is a core exercise of these enumerated foreign…

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

    H.R. 9382: To require the Commissioner of U.S. Customs and Border Protection to link together applications of family members throughout the NEXUS application process, and for other purposes.

    …control. Article I, Section 8, Clause 3 grants Congress the power to regulate commerce with foreign nations, which includes the regulation of persons and goods crossing international borders. Additionally, the federal government's inherent…