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commerce clause
(redirected from The commerce clause)

   Also found in: Legal, Wikipedia 0.01 sec.

commerce clause

In the Constitution of the United States (Article I, section 8), the clause that authorizes Congress “To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” It is the legal foundation of much of the U.S. government's regulatory authority. See also interstate commerce.



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Compare Heddy Bolster, Note, The Commerce Clause Meets Environmental Protection: The Compensatory Tax Doctrine as a Defense of Potential Regional Carbon Dioxide Regulation, 47 B.
The procedure here is to first educate the public about the offending doctrine (in this case, use of the commerce clause to strangle state and local authority by imposing a "free trade" zone), and then initiate a test case.
The court did not consider whether preferential tax treatment for private activity or 501(c)3 bonds is in violation of the commerce clause.
 
 
 
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