Clause 3 Commerce

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Clause 3 Commerce

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

• Overview of Commerce Clause

• Meaning of Commerce

• Meaning of Among the Several States in the Commerce Clause

• Meaning of Regulate in the Commerce Clause

• Historical Background

  • Sherman Antitrust Act of 1890 and Sugar Trust Case

  • Current of Commerce Concept and 1905 Swift Case

  • Packers and Stockyards Act of 1921 and Grain Futures Act of 1922

  • New Deal Legislation Generally

  • National Industrial Recovery and Agricultural Adjustment Acts of 1933

  • Railroad Retirement and Securities Exchange Acts of 1934

  • Public Utility Holding Company and Bituminous Coal Conservation Acts of 1935

  • National Labor Relations Act of 1935

  • Agricultural Marketing Agreement Act of 1937

  • Fair Labor Standards Act of 1938

  • Dual Federalism and Commerce Clause

• Modern Doctrine

  • United States v. Lopez and Interstate Commerce Clause

  • Channels of Interstate Commerce

  • Persons or Things in and Instrumentalities of Interstate Commerce

  • Intrastate Activities Having a Substantial Relation to Interstate Commerce

  • Limits on Federal Regulation of Intrastate Activity

  • Regulation of Activity Versus Inactivity

  • Regulation of Interstate Commerce to Achieve Policy Goals

  • Civil Rights and Commerce Clause

  • Criminal Law and Commerce Clause

• Dormant Commerce Clause

  • Overview of Dormant Commerce Clause

  • Historical Background on Dormant Commerce Clause

  • Early Dormant Commerce Clause Jurisprudence

  • Modern Dormant Commerce Clause Jurisprudence Generally

  • General Prohibition on Facial Discrimination

  • State Proprietary Activity (Market Participant) Exception

  • Congressional Authorization of Otherwise Impermissible State Action

  • Facially Neutral Laws and Dormant Commerce Clause

  • Local Laws and Traditional Government Functions

  • Foreign Commerce and State Powers

  • State Taxation

    • Overview of State Taxation and Dormant Commerce Clause

    • Early Dormant Commerce Clause Jurisprudence and State Taxation

    • Modern Dormant Commerce Clause Jurisprudence and State Taxation

    • Nexus Prong of Complete Auto Test for Taxes on Interstate Commerce

    • Apportionment Prong of Complete Auto Test for Taxes on Interstate Commerce

    • Discrimination Prong of Complete Auto Test for Taxes on Interstate Commerce

    • Benefit Prong of Complete Auto Test for Taxes on Interstate Commerce

• Foreign

  • Overview of Foreign Commerce Clause

  • Instruments of Commerce

• Indian Tribes

  • Scope of Commerce Clause Authority and Indian Tribes

  • Restrictions on State Powers, Indian Tribes, and Commerce Clause