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LSDefine

Simple English definitions for legal terms

commerce power

Read a random definition: in globo

A quick definition of commerce power:

Commerce power: Congress has the power to make rules about things that go between states, like roads and planes. They can also make rules about things that happen in one state but affect other states a lot. This power comes from a part of the Constitution called the Commerce Clause. Congress has used this power to make many important laws, like the ones that make sure people with disabilities can go to work and that everyone is treated fairly no matter their race. States can't make rules that stop people from doing business with other states because of this power.

A more thorough explanation:

Commerce power is a term used to describe the power of Congress to regulate the channels and instrumentalities of interstate commerce. This means that Congress has the authority to regulate the highways, waterways, air traffic, cars, trucks, ships, and airplanes that are used for interstate commerce. Additionally, Congress can regulate activities that have a significant impact on interstate commerce.

This power is granted to Congress by the Commerce Clause, which is found in Article 1, Section 8, Clause 3 of the United States Constitution. This power is one of the most far-reaching sources of regulatory authority that Congress has, and it has been used to support a wide range of statutes over the years.

For example, the Americans with Disabilities Act, the Civil Rights Act of 1964, and the Federal Food Drug & Cosmetic Act are all based on Congress's commerce power. These laws regulate activities that have a significant impact on interstate commerce, such as discrimination in the workplace or the sale of food and drugs across state lines.

It's important to note that Congress's commerce power also has a preemptive effect on the ability of state governments to regulate commerce. This means that states are prevented from passing laws that discriminate against other states or that burden interstate commerce.

For example, in the case of Tenn. Wine & Spirits Retailers Association v. Thomas, a Tennessee statute that required parties wishing to operate a liquor store to obtain a license unless they lived in Tennessee for over two years was struck down as unconstitutional for violating the Dormant Commerce Clause. This clause prevents states from passing laws that discriminate against other states or that burden interstate commerce.

Commerce Clause | Commercial Email and International Electronic Commerce: The Developing Legal Context for CASL and CAN-SPAM

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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