constitutional law

The Constitution (including its Amendments) is made up of hundreds of clauses.  Some of the clauses are more important than others or have been hotly debated as to their scope, meaning, or effect.  These clauses are given names by which they may be referred.  The following includes some of the more important clauses:

Commerce Clause
Confrontation Clause
Commander-in-Chief Clause
Due Process Clause of the Fifth Amendment

The market participant exception establishes an exception to the Commerce Clause's scrutiny for the state when the state functions not as a regulator of the market, but rather as a market participant. The impact of this exception is felt in cases where the state itself produced goods for commerce or where it has engaged in a program of subsidies or other economic incentives to aid in-state businesses.
 

Under Article I, Section 3, Congress shall have the power "to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States".

See Congressional power.

Under Article I, Section 8, Congress has the power to declare war, raise and support Armies, provide and maintain a Navy, and organize, arm, discipline, and call forth a militia. This power gives Congress quite broad authority to undertake any measures that Congress considers necessary for providing for the national defense in both peacetime and wartime.  This includes the military draft and selective service systems as well as wage, price, and rent control of the civilian economy during wartime.  Under Korematsu v. United States, 323 U.S.

Under Article I, Section 8, Clause 1 of the Constitution, Congress is granted the power to lay and collect taxes in order "to pay the Debts and provide for the common Defense and General Welfare of the United States."  As required by United States v. Butler, 297 U.S. 1 (1936), Congress must exercise its power to tax and spend for the "general welfare".

The Constitution authorizes Congress under Article I, Section 8, Clause 4 with power "to establish uniform Laws on the subject of Bankruptcies throughout the United States".

See congressional powers

Even though Congress lacks express constitutional power to conduct investigations, the necessary and proper clause allows Congress to investigate pursuant to its legislative power.

See Congressional power.

Congress has power under Article I, Section 8 to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare.  Under the 16th Amendment, Congress can collect taxes on incomes that are derived from any source.  As long as Congress has the power to regulate a particular activity that it wishes to tax, it can use the tax as a regulating device rather than in order to raise revenue.

Refers to cars, trucks, ships, and airplanes. Compare with channels.

Refers to the highways, waterways, and air traffic of the country.  Compare with instrumentalities.