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182 results for “commerce clause”

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

   H.R. 9340: Ratepayer Protection Act

   The Ratepayer Protection Act is constitutional. It rests on the Commerce Clause, infringes no Bill of Rights protection, preserves state decision-making by requiring only consideration of a cost-causer-pays standard, and provides no…

2. 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…

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

   H.J.Res. 87: 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 Pollution Control Standards; Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance Provisions; Advanced Clean Trucks; Zero Emission Airport Shuttle; Zero-Emission Power Train Certification; Waiver of Preemption; Notice of Decision".

   Congress used its commerce and oversight powers through lawful procedure to block a single-state emissions mandate from functioning as a national rule, protecting liberty and uniform federal law with no rights infringement or taking.…

4. 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…

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

   S.J.Res. 37: A joint resolution terminating the national emergency declared to impose duties on articles imported from Canada.

   SJRES 37 is constitutional. It uses Congress's Article I foreign-commerce and duties powers to end an executive emergency tariff regime on Canada, reducing burdens on liberty, property, and due process rather than creating new ones.…

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

   S.J.Res. 77: A joint resolution terminating the national emergency declared to impose duties on articles imported from Canada.

   SJRES 77 is constitutional. Congress uses its Article I foreign-commerce and duties powers to end an executive emergency tariff on Canada, removing a burden on peaceful exchange, restoring legislative process, and pushing power away from…

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

   H.R. 4544: American Access to Banking Act

   …authority over the federal banking system under Article I, Section 8, Clause 3 Commerce Clause and Clause 18 Necessary and Proper Clause, plus Clause 5 power to regulate currency and financial system. Directing federal regulators to review…

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

   H.R. 6955: Main Street Capital Access Act

   Deregulatory banking bill within Commerce and Necessary and Proper powers that reduces federal burdens, imposes no rights infringement, expands private and local decision-making, and takes no property without due process. Regulation of…

9. 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…

10. 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,…

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

    H.R. 915: Small Business Technological Advancement Act

    …guarantee private loans for general business software and cloud services. The Commerce Clause, Article I, Section 8, Clause 3, permits regulation of interstate commerce, not federal financing of ordinary business inputs. The Spending…

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

    H.R. 7757: KIDS Act

    Federal commerce authority exists for interstate platforms, and due process structure is preserved, but the bill imposes broad speech and association limits, mandated identification systems, and federal design standards better handled by…

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

    H.R. 4795: Protect Economic and Academic Freedom Act of 2026

    …speech while pursuing funding neutrality. Congress relies on the Spending Clause in Article I, Section 8, Clause 1 to set terms for federal funds it appropriates for student aid and international education. Conditioning participation on…

14. 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…

15. 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…

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

    Executive Order 14345: Implementing the United States-Japan Agreement

    Tariff-setting is a federal foreign-commerce function, with no direct Bill of Rights violation, but executive imposition of a broad 15 percent duty system under emergency powers bypasses Congress's exclusive Article I taxing power and…

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 C (Significant issues) · Oct 13, 2026

    Executive Order 14420: Delivering Gold Standard Childhood Vaccine Recommendations for Americans

    …The federal government's power over public health is limited to interstate commerce (Article I, Section 8, Clause 3), taxing and spending (Article I, Section 8, Clause 1), and federal enclaves. State vaccine mandates for school attendance…

19. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 09, 2026

    H.R. 1005: Combating the Lies of Authoritarians in School Systems Act

    …The bill also lacks a nexus to any enumerated power, such as foreign commerce (Article I, Section 8, Clause 3) or national defense (Article I, Section 8, Clauses 11-16), as it targets local school operations rather than direct foreign…

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

    Executive Order 14261: Reinvigorating America's Beautiful Clean Coal Industry and Amending Executive Order 14241

    …Federal lands, Federal mineral leasing, Federal agency guidance, and foreign commerce promotion, which by definition cannot be handled by an individual, county, or single state. Directing Interior and Agriculture to prioritize leasing…