Written by attorneys · grounded in primary & secondary sources — see below
An enumerated power of Congress to regulate trade and economic activity with foreign nations, among the several states, and with Indian tribes. The power extends to activities that substantially affect interstate commerce.
Congress enacted a statute imposing a uniform national duty on wireless data transmitted across state lines by carriers such as Horizon Wireless. The revenue subsidized broadband infrastructure in underserved rural states and tribal lands. Horizon challenged the statute, claiming uneven benefits among states rendered it invalid. The duty applied at the same rate nationwide to transmissions crossing state borders.
A foreign manufacturer placed components into the stream of commerce with awareness they might reach the forum state. An indemnity suit arose between foreign corporations with minimal forum interests. The plaintiff sought to assert personal jurisdiction based solely on the foreseeable arrival of the product. The court evaluated whether that placement alone satisfied due process requirements.
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A seller embodied a false statement about the quality of goods in a bill of lading. A buyer relied on the document when purchasing the goods from a third party. The buyer suffered pecuniary loss after discovering the misrepresentation. The buyer sued the seller for damages arising from the justifiable reliance.
Congress authorized borrowing and imposed a uniform duty on cargo loaded or unloaded at domestic ports engaged in foreign or interstate trade. Most revenue funded expansion at one major harbor. Shipping companies challenged the allocation of funds. The duty rate remained identical at every qualifying port nationwide.
A county enacted an ordinance directing all solid waste to a government-owned processing facility. Private haulers challenged the measure as economic protectionism favoring a public provider. The ordinance applied only to waste generated within the county. The facility performed a traditional government function.
Congress extended the Fair Labor Standards Act to state and local government employees. A state transit authority challenged the application as exceeding federal power over traditional governmental functions. The statute treated public and private employers alike. States participated in the federal legislative process through their elected representatives.
Congress may regulate channels and instrumentalities of interstate commerce as well as activities that substantially affect interstate commerce. The power supports uniform national rules on trade, taxation of interstate transactions, and legislation addressing economic effects that cross state lines.
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No. Awareness that a product may reach the forum state is insufficient by itself. Jurisdiction also requires evaluation of the burdens on the defendant and the forum's interest under the fair play and substantial justice test.
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A flow-control ordinance directing waste to a government-owned facility receives more lenient review when the facility performs a traditional government function. Such favoritism is upheld if motivated by legitimate public objectives rather than economic protectionism.
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…of the due process clause of the Fourteenth Amendment, and as imposing a constitutionally prohibited burden on interstate commerce. The cause comes here on appeal under § 237 (a) of the Judicial Code, 28 U. S. C. § 344 (a), appellant assigning as error that the challenged statutes as applied infringe the due process…