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4 unusual facts about commerce clause


Canton Railroad

The Canton Railroad dispute with Maryland involving whether the state franchise tax on railroad activities in the port of Baltimore violated the Import-Export or Commerce Clauses of the Constitution led to the Supreme Court case Canton Railroad Company v. Rogan, 340 U.S. 511 (1951).

Ecotax

The Supreme Court of the United States held in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981), that in the absence of federal law to the contrary, states may set ecotaxes as high as they wish without violating the Commerce Clause or the Supremacy Clause of the United States Constitution.

Insurance bad faith

In the 1930s and 1940s, a number of U.S. Supreme Court decisions broadened the interpretation of the Commerce Clause in various ways, so that federal jurisdiction over interstate commerce could be seen as extending to insurance.

Radio regulation in the United States

The Commerce Clause played a huge factor in the regulation of radio.


Tax-free shopping

In National Bellas Hess, Inc. v. Department of Revenue of the State of Illinois and Quill Corp. v. North Dakota, the Court concluded that the Commerce Clause and Due Process Clause of the U.S. Constitution require that there be a nexus between the taxing state and the vendor of goods or services, in the form of a physical presence.

Toll-free telephone numbers in the United States

Canadian numbers are an exception as they are drawn from the same SMS/800 pool as other North American Numbering Plan countries, although the arbitrary distinctions between Local Exchange Carrier/Interexchange carrier, intrastate/interstate and the LATA structure are artificial US regulatory constructs which do not have direct parallels in Canada or any other nation.


see also

George Caram Steeh III

According to the Supreme Court of the United States, if a federal law arbitrates activities that substantially affect interstate commerce, then that law complies with the Commerce Clause.

Kassel v. Consolidated Freightways Corp.

Bibb v. Navajo Freight Lines, Inc.: 1959 U.S. Supreme Court case applying the Dormant Commerce Clause to interstate trucking safety regulations

Schecter

Schechter Poultry Corp. v. United States, a landmark Supreme Court decision regarding the Commerce Clause