The group has said the plan is a «backroom deal struck to save money for an out - of - state company,» and said it violates federal laws
regulating interstate commerce.
Kansas was forbidden from
regulating interstate commerce - and the federal agency had not written rules it could enforce.
The FCC was established by the Communications Act of 1934 and is charged with
regulating interstate and international communications by radio, television, wire, satellite and cable.
The Telecommunications Act of 1934 established: «For the purpose of
regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nationwide, and world - wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting -LSB-...]
Minority Leader Kevan Abrahams (D - Freeport) said he supports the concept of the bill but questions whether it could run afoul of federal laws
regulating interstate commerce.
James Madison advocated for the ratification of the Constitution in The Federalist and at the Virginia ratifying convention upon a narrow construction of the clause, asserting that spending must be at least tangentially tied to one of the other specifically enumerated powers, such as
regulating interstate or foreign commerce, or providing for the military, as the General Welfare Clause is not a specific grant of power, but a statement of purpose qualifying the power to tax.
Last week, Trump replaced the head of the Federal Energy Regulatory Commission (FERC), a five - person panel that approves certain natural gas pipeline projects and
regulates interstate energy infrastructure.
The Constitution gave the federal government the power to
regulate interstate commerce but reserved for the states all «police powers» to regulate private economic transactions.
In fact, the government's only job is to defend the population and
regulate interstate trade.
Courts have further ruled in many cases that trade within a state may be regulated where it's deemed necessary to
regulate interstate trade.
FERC [the Federal Energy Regulatory Commission]
regulates interstate transmission of natural gas — plus oil and electricity — from the standpoint of commerce.
But Congress does have the authority to spend for the general welfare and
regulate interstate commerce, and, in modern times, we see Congress exerting pressure in many areas, including education, through its spending powers.
Federal pipeline statutes provide for exclusive Federal authority to
regulate interstate pipelines.
While the Animal Welfare Act
regulates interstate transport of animals for sale, no such regulation exists for animals being transported for adoption.
As a quick recap, last fall, Perry asked FERC — the independent federal agency that
regulates the interstate high - power grid — to greenlight profit guarantees to coal and nuclear power plants.
By regulating the fuel pathway of transportation fuels — i.e., the manner in which transportation fuels are produced and ultimately reach the California market — the LCFS directly
regulates interstate commerce and conduct occurring outside of California, the complaint charges.
Despite the supposed benefits, implementing a new Western ISO could face political obstacles among some of the electric systems in its ambit and at the Federal Energy Regulatory Commission (FERC), which
regulates interstate electricity commerce.
Congress meets to make all laws, declare war,
regulate interstate and foreign commerce, and to control taxing and spending policies.
Do the Commerce Clause and Necessary and Proper Clause authorize Congress to regulate intrastate, noneconomic activity that does not have a substantial effect on interstate commerce and is not necessary to Congress» ability to
regulate interstate commerce?
It is no objection to the assertion of the power to
regulate interstate commerce that its exercise is attended by the same incidents which attend the exercise of the police power of the states.
Therefore, they come within the scope of Congress» power to
regulate interstate commerce.
The FHWA is a branch of the federal government that
regulates interstate transportation of goods and people.
The agency, which
regulates interstate calls, stopped taking public comments on its scrubbing proposal in late February.
Two federal agencies, the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC),
regulate interstate and intrastate telemarketing.
Not exact matches
The Commerce Clause allows Congress the power «to
regulate commerce with foreign nations, and among the several states, and with the Indian tribes,» which was later held by courts to include «the channels of commerce, the instrumentalities of commerce, and action that substantially affects
interstate commerce.»
Therefore, their actions arguably substantially affect
interstate commerce and may only be
regulated by Congress as opposed to a state entity such as a local county agency.
It operates a Grade - A plant
regulated by the FDA to maintain a certification of (IMS)
Interstate Milk Shippers.
No Supreme Court case has ever held or implied that Congress's Commerce Clause authority is limited to individuals who are presently engaging in an activity involving, or substantially affecting,
interstate commerce... if Congress can
regulate even instances of purely local conduct that were never intended for, or entered, an
interstate market, we think Congress can also
regulate instances of ostensible inactivity inside a state.
«Congress has authority to
regulate matters that affect
interstate commerce, and there is no question that health care affects
interstate commerce.»
As a result, the
Interstate Commerce Commission (ICC) was established in 1887 ostensibly in order to
regulate the rail industry in a manner that protected consumers.
It is designed to prevent and remove obstructions on
interstate commerce in commodities by
regulating transactions on commodity futures exchanges.
The act, therefore, provided the insurers with emergency powers to breach the 1927 McFadden Act, which had given states the authority to
regulate bank branching, and other barriers to
interstate banking by allowing cross-industry and cross-state acquisitions.
«This case is unique because North Dakota is the only state to
regulate industrial hemp so only the exempted portions of plant, that is, the non-viable seed, stalk and oil, enter commerce of any kind, whether intrastate or
interstate,» said Sandler.
«Treating this pipeline facility and company differently than all other
regulated projects and entities that operate in Vermont would arguably run afoul of federal pre-emption principles that explicitly bar states from
regulating oil pipeline safety; potentially constitute an impermissible attempt to nullify the President's exercise of his foreign affairs power under the U.S. Constitution as reflected in the Presidential Permits issued to Portland Pipe Line and potentially impose an unconstitutional burden on foreign or
interstate commerce.»
«UNITED STATES SENATE REPORT: From Preventing Pollution of Navigable and
Interstate Waters to
Regulating Farm Fields, Puddles and Dry Land: A Senate Report on the Expansion of Jurisdiction Claimed by the Army Corps of Engineers and the U.S. Environmental Protection Agency under the Clean Water Act» (PDF), United States Senate Committee on Environment and Public Works, September 20, 2016.
It interferes with the Federal Energy Regulatory Commission's jurisdiction in
regulating wholesale electric rates, and also because the measure unlawfully interferes with
interstate commerce.»
RMFU argued that the LCFS fails as a matter of law because it: (1) impermissibly discriminates against out - of - state corn ethanol; (2) impermissibly
regulates commerce and the channels of
interstate commerce; (3) excessively burdens
interstate commerce without producing local benefits; and (4) is preempted by the Energy Independence and Security Act of 2007 («EISA»).
Thus, BART does participate in
Interstate Trade, and can also be
regulated by the Federal Government.
Now, after that decision, there was a major broadening of what was allowed to be
regulated under the
interstate commerce clause.
The Supreme Court found this law constitutional, even though the manufacturing employees weren't personally engaged in
interstate commerce, because the employer was engaged in
interstate commerce and
regulating production was a permissible way to
regulate that commerce.
Because of concerns about fatigue among drivers of large vehicles, the federal government has
regulated the work hours for drivers of commercial motor vehicles used in
interstate commerce for many years.
It has the authority to
regulate truck operations because most truck drivers operate their vehicles across state lines and are involved in
interstate commerce.
The Federal Motor Carrier Safety Administration («FMCSA») is a federal agency that is responsible for
regulating commercial vehicles that operate on
interstate highways in the United States.
Comment: A few commenters suggested that the privacy regulation
regulates activities that are not in
interstate commerce and which are, therefore, beyond the powers the U.S. Constitution gives the federal government.
HB 847:
Interstate Compact
Regulating Telepsychology.
Adopting children from other States requires the involvement of the
Interstate Compact on the Placement of Children (ICPC), a legally binding agreement between States
regulating the placement of children across State lines.
Interstate moving companies are
regulated by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration, which requires them to comply with regulations for registration, a unique Department of Transportation number and insurance.