Tag: Commerce Clause

The U.S. Supreme Court dramatically altered the country’s E-commerce landscape with its decision in South Dakota v Wayfair, 585 U. S. ____ (2018). By a narrow majority, the Court held that internet retailers can be required to collect sales taxes e...

In Worcester v Georgia, 31 U.S. 515 (1832), the U.S. Supreme Court held that the Cherokee Nation was sovereign. It also ruled that the federal government — and not the states — was authorized under the Constitution to deal with Indian nations. ...

In Taylor v United States (2016), the U.S. Supreme Court held that “commerce” under the Hobbs Act should be interpreted broadly. Accordingly, it found that the government had satisfied its burden by establishing that the defendant robbed a drug d...

In Gibbons v. Ogden, 22 U.S. 1 (1824), the U.S. Supreme Court first held that Congress has the authority to regulate any form of commerce that crosses state lines. The opinion, authored by Chief Justice John Marshall, is considered the most influenti...

Now that voters in several states have passed ballot initiatives legalizing marijuana, all eyes are on the federal government. The fact is that marijuana cannot truly become “legal” until the Department of Justice and other federal agencies stop ...

PPL MONTANA LLC v. MONTANA CERTIORARI TO THE SUPREME COURT OF MONTANA No. 10–218. Argued December 7, 2011—Decided February 22, 2012 Cite as: 565 U. S. ____ (2012) Petitioner PPL Montana, LLC (PPL), owns and operates hy...

A recent decision by the U.S. Supreme Court has thwarted efforts by the state of Montana to gain title to certain riverbeds. To understand the decision, one has to know a little legal history. In fact, the opinion cites a number of historical sources...