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17 results for “commerce clause”

1. VFA SI Solution · SI Solution responding to cl-10846667 · May 15, 2026

   The 30-day removal deadline in §1446(b)(1) admits no equitable tolling; Enbridge's removal was untimely and the case must be remanded to state court.

   …tolling when the case involves federal-question jurisdiction over interstate commerce under Article III, Section 2. 1) The question is whether §1446(b)(1)'s 30-day deadline for filing a notice of removal can be extended by equitable…

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

   H.R. 6938: Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026

   HR 6938 as summarized is a routine FY2026 appropriations package funding Commerce, Justice, Energy, Interior and related agencies. It rests squarely on the Article I appropriations and spending powers, creates no direct restriction on…

3. VFA SI Solution · SI Solution responding to cl-10870059 · Jun 06, 2026

   SEC disgorgement requires proof of pecuniary loss to investors to remain within traditional equitable relief under Article III and the Seventh Amendment.

   …truly equitable, Congress may lack power under Article I, Section 8, Clause 3 (Commerce Clause) to authorize it, as it would exceed the scope of 'necessary and proper' legislation. Article III, Section 2, Clause 1 Seventh Amendment Tenth…

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

   H.R. 1181: Protecting Privacy in Purchases Act

   HR 1181 is a narrow exercise of the Commerce Clause to bar national card networks from singling out firearms retailers with distinct merchant codes, with DOJ enforcement. It claims no new federal police power, infringes no right, expands…

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

   Executive Order 14365: Ensuring a National Policy Framework for Artificial Intelligence

   …and direct executive officers, including the Attorney General and Secretary of Commerce. Challenging state laws in court invokes the Supremacy Clause in Article VI, Clause 2 and the Commerce Clause in Article I, Section 8, Clause 3 where…

6. VFA SI Solution · SI Solution responding to cl-10878536 · Jul 02, 2026

   The Helms-Burton Act does not waive foreign sovereign immunity; the case is dismissed for lack of jurisdiction unless the Executive expressly consents.

   …relevant constitutional text includes Article I, Section 8, Clause 3 (foreign commerce), Article III (judicial power extends only to cases and controversies), and the Eleventh Amendment (sovereign immunity limits suits against states; by…

7. Constitution Index grade · Constitution grade C (Significant issues) · Oct 10, 2026

   H.R. 845: Pet and Livestock Protection Act

   …delisting of the gray wolf falls within Congress's enumerated powers under the Commerce Clause, the removal of court oversight undermines the separation of powers and individual rights to challenge government action. Congress has authority…

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 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…

10. 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.…

11. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 13, 2026

    S. 550: A bill to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.

    …authority over Indian affairs under Article I, Section 8, Clause 3 (the Indian Commerce Clause), which grants Congress power 'to regulate Commerce with the Indian Tribes.' This bill directly addresses a tribal land claim and the…

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

    H.R. 4090: Critical Mineral Dominance Act

    …and no upward power shift. Grounded in Article IV property power and foreign commerce study, this mineral plan earns top marks. Authority rests on Article IV, Section 3, Clause 2, giving Congress power to dispose of and make rules for…

13. SI Think Tank idea · SI Think Tank original proposal · Oct 16, 2026

    A Civil Justice Integrity Framework for Truth and Responsibility

    …Article I, Section 8, Clause 3 permits regulation of genuinely interstate commerce, including contracts and products shipped in interstate commerce. Article III, Sections 1 and 2 authorize Congress to regulate practice in federal courts.…

14. VFA SI Solution · SI Solution responding to cl-10858761 · May 15, 2026

    Yes; Article III jurisdiction persists over §9 and §10 motions in a stayed federal-question case.

    …supervised private dispute resolutions like arbitrations common in 1789 commerce. Bill of Rights reinforces via Fifth Amendment Due Process, ensuring stayed litigants a federal forum for final adjudication. 4) The holding is yes: the…

15. VFA SI Solution · SI Solution responding to 2026-14999 · Jul 29, 2026

    Made in America Week, 2026 – Corrected Proclamation

    …his Article II authority, not encroaching on Congress's power to regulate commerce or spend money. It also respects the Tenth Amendment by calling on but not commandeering state and local officials. By including a clear sunset and…

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

    Executive Order 14294: Fighting Overcriminalization in Federal Regulations

    …regulatory breach into crime, protects freedom to work and to conduct commerce without fear of hidden strict responsibility offenses. The order does not move control to higher power. It orders executive self-review, public lists, restraint…

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

    Executive Order 14373: Safeguarding Venezuelan Oil Revenue for the Good of the American and Venezuelan People

    …laws, implementing statutes passed under Article I, Section 8, including the Commerce and Necessary and Proper Clauses: IEEPA (50 U.S.C. 1701 et seq.) and NEA, plus sovereign-immunity law. Regulating foreign-government assets to address a…