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16 results for “commerce clause”

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

Executive Order 14335: Enabling Competition in the Commercial Space Industry

…statutory authorities. Federal regulation of launch, reentry, airspace, space commerce, and treaty compliance rests on Article I, Section 8, Clause 3 Commerce Clause for interstate and foreign commerce, Article I, Section 8, Clause 18…
Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

Executive Order 14271: Ensuring Commercial, Cost-Effective Solutions in Federal Contracts

…41 U.S.C. 3307(d) and 10 U.S.C. 3453, enacted under Article I, Section 8, Clause 1 for common defence and general welfare and Clause 18 necessary and proper authority for federal procurement. It directs only subordinate executive officers,…
Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

Executive Order 14369: Ensuring American Space Superiority

…takes no property without due process. Grade A. Federal space, defense, and commerce action is authorized. Article II, Section 2 makes the President Commander in Chief and vests executive power in directing agencies; Article II, Section 3…
Constitution Index grade · Constitution grade B (Mostly sound) · Oct 14, 2026

H.R. 9171: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2027

…can be tied to the Property Clause (Article IV, Section 3, Clause 2) and the Commerce Clause (Article I, Section 8, Clause 3), funding entities like the National Endowment for the Arts, the National Endowment for the Humanities, the…
Constitution Index grade · Constitution grade C (Significant issues) · Oct 14, 2026

Executive Order 14387: Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate- Based Herbicides

…8, Clauses 1, 11, and 14 to provide for the common defense and regulate commerce. However, the order's broad delegation of authority to the Secretary of Agriculture to allocate materials and prioritize contracts raises significant concerns…
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…
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…
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…
Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

Executive Order 14331: Guaranteeing Fair Banking for All Americans

…Federal banking supervision rests on Article I, Section 8, Clause 3 commerce authority and Clause 18 necessary and proper authority as applied to federally chartered and insured institutions. The order limits action to the greatest extent…
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…
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…
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…
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…
Constitution Index grade · Constitution grade B (Mostly sound) · Oct 13, 2026

Executive Order 14431: Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program

…within the federal government's enumerated powers over immigration and foreign commerce, and it does not infringe on individual rights. The order's main constitutional tension lies in its delegation of authority and the potential for…
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…
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…

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Cited

Executive Order 14335: Enabling Competition in the Commercial Space Industry

Executive Order 14271: Ensuring Commercial, Cost-Effective Solutions in Federal Contracts

Executive Order 14369: Ensuring American Space Superiority

H.R. 9171: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2027

Executive Order 14387: Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate- Based Herbicides

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

Executive Order 14266: Modifying Reciprocal Tariff Rates To Reflect Trading Partner Retaliation and Alignment

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

Executive Order 14331: Guaranteeing Fair Banking for All Americans

H.R. 1366: Mining Regulatory Clarity Act

Executive Order 14328: Establishing the White House Task Force on the 2028 Summer Olympics

H.R. 8665: Allied Defense Sales Act

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

Executive Order 14431: Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program

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

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.