Commerce Clause - 9 items found


NewConstitutional Law: The Commerce Clause NEW
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NewNEW The Commerce Clause of the Federal Constitution - P
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Federal Cooperation with the States Under the Commerce Clause 1942 Rare Book
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NewThe Commerce Clause of the Federal Constitution NEW
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NewThe Commerce Clause of the Federal Constitution NEW
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NewNEW The Commerce Clause of the Federal Constitution (18
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NewNEW The Commerce Clause of the Federal Constitution, by
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NewNEW The Commerce Clause of the Federal Constitution - P
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NewNEW The Commerce Clause of the Federal Constitution ...
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Could Congress force you into prostitution because it is covered by the commerce clause?

If the government can force you to buy stuff you don't need (like healthcare insurance), can they also make you sell stuff you don't want to sell? (prostitution)
They say they have the power under the commerce clause. Do you agree with their interpretation


I think the government has over stepped there bounds. If they want health care that bad then why don't they cut all the spending on other things and use that money instead of forcing us to by something we don't want. Do you know how much money of ours

Wheat, Weed, and ObamaCare: How the Commerce Clause Made Congress All-Powerful

*Update: US District Judge Roger Vinson ruled that because the Patient Protection and Affordable Care Act's individual mandate to purchase ...

Harvard Law, the Commerce Clause, and the Obamacare Mandate

But, plausibly, historically, and factually, that is neither the intent nor the spirit of Article 1, Section 8, as it was not an enumeration of what the government should or could do, but rather a very narrow set of limitations constraining what... He then states, “Nevermind that nothing in the text or history of the Constitutions Commerce Clause indicates that Congress cannot mandate commercial purchases. Perhaps a perfunctory history lesson of why the Constitution was created, and the purpose of the Commerce Clause, may be the antidote to apocryphal balderdash. Professor Elhauge presents as fact that these two mandates required engagement in commerce, thus setting 200+ years of precedent by the first Congress, “which was packed with framers,” as per his depiction.

Illinois Court Rules Against Nexus Law

The thinking, of course, is that not collecting taxes provides Internet retailers with an unfair advantage over their brick-and-mortar competitors, who do have to impose sales taxes on their customers. the amendment added to the definition of "retailer" affiliate marketers, or individuals who refer customers to another retailer's website in exchange for a commission. In including affiliate marketers under the definition of retailer, the statute attempted to impose an obligation on them to collect Illinois use tax. The provisions of the law applied only if the sales of the customers referred by the marketer topped $10,000 annually. , a trade association for affiliate marketers, against the Illinois Department of Revenue. As discussed earlier , a number of bills have been proposed at the national level that would allow states to collect taxes on sales completed via the Internet.

PrawfsBlawg: Inactivity and the Commerce Clause

« Law School Hiring Thread, 2010-11, Thread Three | Main | On Counting to Five (Without Justice Kagan) in the Guantanamo Cases » . Wednesday, January 12, 2011 Inactivity and the Commerce Clause Opponents of thepindividual mandate assert that... p True, this power rests on direct regulation of interstate commerce, and not the substantial effects test, but it does suggest that the activity/non-activity distinction is not fundamental to Commerce Clause jurisprudence writ large. Yet the federal government regulates inactivity under the Commerce Clause all the time. p The employees aren’t doing anything – they’re doing nothing, and it’s precisely this inactivity that Congress prohibits....

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Commerce Clause - News


Harvard Law, the Commerce Clause, and the Obamacare Mandate
He then states, “Nevermind that nothing in the text or history of the Constitution's Commerce Clause indicates that Congress cannot mandate commercial purchases.” The professor appears to subscribe to the oft employed licentious theorem of the Left

“Inspired” But Not Read
Romney misses the chance to explain that “I disagree with your view of the Commerce Clause” and “Traitor!” can't mean the same thing. “I happen to believe that the Constitution was not just brilliant, but probably inspired,” Mitt Romney told a

Illinois Court Rules Against Nexus Law
In its summary judgment, the court said the provision fails the "substantial nexus" requirement for state use tax collection and reporting under the US Constitution's Commerce Clause, and as a result, is unenforceable. The court also indicated that the

Illinois "Amazon" Law Ruled Unconstitutional
Hamer ruled that the Illinois "click-through" nexus statute (otherwise known as the Illinois "Amazon" law) violates the Commerce Clause of the United States Constitution because the activity described in the statute (below) does not establish nexus.

The euro must go
That permits the EU bureaucracy and courts to nix business practices and national government policies than may frustrate cross-border trade, much as the Commerce Clause empowers federal anti-trust authorities and courts in the United States.