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139 results for “commerce clause”

1. 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…

2. 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…

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 B (Mostly sound) · Oct 14, 2026

   Executive Order 14413: Ushering in the Next Frontier of Quantum Innovation

   …largely within the federal government's enumerated powers to promote science, commerce, and national defense, and it does not directly infringe on individual rights. However, it raises minor concerns about the centralization of quantum…

5. 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…

6. 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…

7. 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…

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

   H.R. 8278: Fostering the Use of Technology to Uphold Regulatory Effectiveness in Supervision Act

   …supervisory technology and report to Congress every five years. Grounded in Commerce and Necessary and Proper powers, it creates no new regulation, no rights restriction, no taking, and no centralization. Congress has explicit authority to…

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

   Executive Order 14245: Imposing Tariffs on Countries Importing Venezuelan Oil

   …a stretched emergency delegation, exercising Congress's Article I tax and commerce powers with vague standards and broad harm to private trade. Requires congressional authorization with clear limits. Article I, Section 8, Clauses 1 and 3…

10. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 14, 2026

    Executive Order 14393: Promoting Access to Mortgage Credit

    …the order touches on areas of federal authority over banking and interstate commerce, it raises minor concerns regarding the potential dilution of consumer protections and the centralization of housing finance policy. Overall, the order is…

11. 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…

12. 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…

13. 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,…

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

    H.R. 832: Small Business Advocacy Improvements Act of 2025

    …It operates within the federal government's enumerated powers over foreign commerce and foreign affairs, does not infringe on individual rights, and does not raise due process or takings concerns. The main constitutional tension is a mild…

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

    Executive Order 14255: Establishing the United States Investment Accelerator

    …14255 is a lawful Article II management directive that creates a facilitative Commerce Department office for large investments, works within existing law and appropriations, imposes no mandates, takes no property, infringes no Bill of…

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

    Executive Order 14304: Leading the World in Supersonic Flight

    …review finds Executive Order 14304 constitutional: it acts within established commerce and executive authority to repeal an overland supersonic ban and replace it with data-driven noise certification, with no rights infringement, no…

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

    Executive Order 14361: Modifying the Scope of Tariffs on the Government of Brazil

    …significant enumerated-powers tension. The power to lay duties and regulate commerce with foreign nations belongs to Congress under Article I, Section 8, Clause 1 and Clause 3. This order rests on delegated statutes, principally the…

18. 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.…

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

    Executive Order 14382: Addressing Threats to the United States by the Government of Iran

    …plus congressional delegation, operate at the proper federal level for foreign commerce and national security, and impose no direct Bill of Rights violation or domestic taking. Broad fact-finding and modification discretion create minor…

20. VFA SI Solution · SI Solution responding to H.R. 10111 · Aug 21, 2026

    Immigration Oversight and Accountability Act of 2025

    …the power to establish a uniform rule of naturalization and to regulate commerce with foreign nations. It shall not extend to state immigration enforcement activities that are not directly related to federal programs or funding. All…