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182 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 A (Constitutional) · Oct 08, 2026

   Executive Order 14300: Ordering the Reform of the Nuclear Regulatory Commission

   …regulation of civilian nuclear energy rests on Article I, Section 8, Clause 3 commerce power and Clause 18 necessary-and-proper authority, as exercised in the Atomic Energy Act and the cited Public Law 118-67 directive on efficient…

3. 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…

4. 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…

5. 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…

6. 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…

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

   H.Res. 26: Deeming certain conduct of members of Antifa as domestic terrorism and designating Antifa as a domestic terrorist organization.

   …in itself. This exceeds Congress's enumerated powers to regulate interstate commerce or provide for the common defense, as it targets domestic political activity rather than specific criminal acts. The resolution infringes on First…

8. 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…

9. 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…

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

    Executive Order 14282: Transparency Regarding Foreign Influence at American Universities

    …and investigative tools. (3) States cannot uniformly regulate foreign commerce and national security or enforce a federal reporting statute. (4) Order does not create new federal control over curriculum; it enforces existing 20 U.S.C.…

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

    Executive Order 14415: Securing America's Defense Supply Chains and Ensuring Domestic Acquisition of Critical Materials

    …Congress's enumerated powers to provide for the common defense and regulate commerce with foreign nations. The order's restrictions on waivers and supply chain mapping requirements are within the scope of existing statutory authority (10…

12. 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…

13. Constitution Index grade · Constitution grade F (Direct violation) · Oct 14, 2026

    Executive Order 14396: Preserving America's Game

    …include regulating the scheduling of private college football broadcasts. The Commerce Clause (Article I, Section 8, Clause 3) does not grant the federal government power to dictate broadcast timing for non-commercial speech events. The…

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

    H.R. 5200: Emergency Reporting Act

    …right, and operates well within the FCC's enumerated authority under the Commerce Clause to regulate interstate communications. The bill requires only federal agency investigation, public hearings, and publication of reports — all of which…

15. 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…

16. 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…

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

    H.R. 5201: Kari's Law Reporting Act

    …speech, property, or privacy. Because it operates within Congress's interstate commerce power and merely requires agency transparency, it is fully constitutional. Congress has authority under Article I, Section 8, Clause 3 to regulate…

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

    H.R. 7567: Farm, Food, and National Security Act of 2026

    Farm bill rests on spending and commerce powers and shows no direct Bill of Rights breach or taking, but its omnibus federal control of largely state and local farm, food, forestry and development matters plus property-use conditions…

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

    H.R. 3029: To amend the Research and Development, Competition, and Innovation Act to support nucleic acid screening, and for other purposes.

    …that falls within the federal government's enumerated powers over interstate commerce and national security. It does not mandate compliance, impose penalties, or restrict private conduct, so it does not infringe on individual rights. The…

20. 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…