Search and Ask VFA

48 results for “commerce clause”

1. 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,…

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

   Executive Order 14269: Restoring America's Maritime Dominance

   …Section 301 trade remedies, and customs-fee enforcement sit within federal commerce and defense powers and presidential direction of the executive branch, with no Bill of Rights infringement, taking, or improper federal consolidation.…

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

   Executive Order 14260: Protecting American Energy From State Overreach

   …laws and enforcement through courts, grounded in supremacy and interstate commerce authority, with no rights infringement or taking. President acts under Article II, Section 1 vesting of executive power and Article II, Section 3 duty to…

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

   S. 4974: Making America's Food Safer Act

   Constitutional exercise of foreign commerce power with built-in Fifth Amendment hearing, downward information sharing, and voluntary audits. No rights infringement or unlawful consolidation. Federal authority rests on Article I, Section 8,…

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

   H.J.Res. 210: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Nonroad Engine Pollution Control Standards; Ocean-Going Vessels At-Berth; Notice of Decision".

   HJRES 210 is a constitutional exercise of congressional oversight under the Commerce Clause and the legislative process. Using SI-reviewed legislative history, it disapproves an EPA authorization without infringing the Bill of Rights,…

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

   H.R. 2913: Ukraine Support Act

   HR 2913 operates within core federal foreign-affairs, defense, and foreign-commerce powers, imposes no domestic rights restriction or taking, and federal action is the only competent level. SI review finds it constitutional. Congress has…

7. 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…

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

   Executive Order 14256: Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China as Applied to Low-Value Imports

   Constitutional border and foreign-commerce action to close the de minimis channel exploited for synthetic opioid shipments, with advance notice and lawful collection procedures and no Bill of Rights infringement. Minor tension remains from…

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

   H.R. 3633: Digital Asset Market Clarity Act

   Federal market-structure bill within Commerce Clause authority that sets CFTC and SEC jurisdiction, maturity-based exemptions, and intermediary safeguards without restricting speech, ownership, or due process. Minor recordkeeping tension…

10. 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…

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

    S. 1582: GENIUS Act

    …framework for fixed-value payment instruments rests on interstate and foreign commerce authority, preserves a state licensing path, imposes no direct ban on speech or ownership, and provides knowledge-based penalties with regulator…

12. 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…

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

    Executive Order 14325: Amendment to Duties To Address the Flow of Illicit Drugs Across Our Northern Border

    A border fentanyl emergency and foreign-commerce regulation are a legitimate federal concern, and the order does not directly violate the Bill of Rights. It is graded C because raising and restructuring tariff duties by executive order…

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

    H.R. 5408: Faster Labor Contracts Act

    Congress has Commerce Clause authority over labor relations, but HR 5408 imposes binding private contract terms through federal mediation and arbitration, freezes employment terms, and compels bargaining after decertification. Those…

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

    H.R. 3276: Local Communities & Bird Habitat Stewardship Act of 2025

    …and is supported for migratory wildlife by Article I, Section 8, Clause 3, the Commerce Clause among the several States, and Article II, Section 2 treaty authority implemented under the Migratory Bird Treaty Act framework. The bill…

16. 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…

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

    S. 331: HALT Fentanyl Act

    …I placement and uniform penalties for fentanyl-related trafficking fall within commerce authority and preserve trial rights, with a strong protective justification for a lethal interstate drug. Mandatory minimums and class-wide scheduling…

18. 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…

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

    H.R. 226: Eastern Band of Cherokee Historic Lands Reacquisition Act

    …authority over Indian affairs under Article I, Section 8, Clause 3 (the Indian Commerce Clause), which grants Congress the power 'to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.' Taking…

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

    H.R. 21: Born-Alive Abortion Survivors Protection Act

    …tensions. It falls within Congress's enumerated powers under the Commerce Clause and the Fourteenth Amendment's enforcement authority, does not directly infringe the Bill of Rights, and respects individual sovereignty by exempting the…