- interstate commerce
In the U.S., any commercial transaction or traffic that crosses state boundaries or that involves more than one state.Government regulation of interstate commerce is founded on the commerce clause of the Constitution (Article I, section 8), which authorizes Congress "To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes." The Interstate Commerce Commission, established in 1887, was originally intended to regulate the railroad industry; its jurisdiction was later expanded to include trucks, ships, freight forwarders, and other interstate carriers. The Sherman Act (1890), followed by the Clayton Act (1914), made illegal any act that tended to interfere with free competition between and among industries, businesses, and any interstate commercial venture. The Federal Trade Commission (FTC) was established by the Federal Trade Commission Act of 1914, which gave the FTC powersjudicial, legislative, and executiveto administer the Sherman and Clayton acts. The Federal Communications Commission (FCC) was created to protect the right of the public to the airwaves through licensing and oversight of the practices of broadcasters in radio and television. In the 20th century, court decisions tended to interpret interstate commerce broadly, thus allowing Congress to regulate a wide variety of activities by which interstate commerce could be affected, even if they took place within the borders of a single state. One such decision was Heart of Atlanta Motel v. U.S. (1964), in which the Supreme Court upheld the prohibition of discrimination in public accommodations contained in the 1964 Civil Rights Act on the ground that the discriminatory practices of a business operating in only one state could affect interstate commerce.
* * *▪ United States lawin U.S. constitutional law, any commercial transactions or traffic that cross state boundaries or that involve more than one state. The traditional concept that the free flow of commerce between states should not be impeded has been used to effect a wide range of regulations, both federal and state. A further extension of the established notion regarding the free flow of trade was introduced when Title II of the 1964 Civil Rights Act (q.v.)—dealing with discriminatory practices in public accommodations—was upheld by the Supreme Court. The court decided that a business, although operating within a single state, could affect interstate commerce with its restrictive laws and was, therefore, at odds with the federal legislation that proved to be enabling of the Constitution's commerce clause (q.v.).Other specific historical instances of federal government action to regulate interstate commerce can be cited.The Interstate Commerce Commission (ICC), established in 1887, was intended originally to regulate the railroad industry. It was expanded to deal with trucks, ships, freight forwarders, and other interstate carriers. The regulations concerned rates, routes, services, mergers, bills of lading, and securities issued by carriers. In the wake of the deregulation of the trucking and other industries in the 1970s and '80s, the ICC was eliminated in 1996, and many of its remaining responsibilities were shifted to the Department of Transportation.The Sherman Act (Sherman Antitrust Act) (1890), followed by the Clayton Act (Clayton Antitrust Act) (1914), made illegal any acts that tended to interfere in free competition between and among industries, businesses, and all interstate commercial ventures. The Sherman Act specifically involved trusts, or monopolies, while the Clayton Act also concerned itself with stock acquisition and sale and forbade interlocking directorates as an impediment to free competition and, therefore, a bar to free interstate commerce.The Federal Trade Commission (FTC) was established by the Federal Trade Commission Act of 1914, which gave the FTC powers—judicial, legislative, and executive—to administer the Sherman and Clayton acts.The fair-trade legislation of 1937 protects manufacturers by permitting them to maintain an image of quality by charging a higher price through their retailers. These laws, which forbade discounters from selling the goods at lower than retail prices, were considered protective of interstate commerce because they restricted cutthroat competition. In recent years, however, these laws have been challenged, and the challenges have been upheld, showing the laws to be actually restrictive of interstate commerce rather than protective.The Civil Aeronautics Board (CAB), which operated from 1938 to 1984, was involved in setting interstate routes as well as regulating fares for the commercial airlines. With the deregulation of the airline industry, however, the role of the CAB was much diminished, and its residual functions were assumed by the Department of Transportation.The Federal Communications Commission (FCC) was created to protect the right of the public to its airwaves through licensing and by overseeing the practices of broadcasters in radio and television. Again, the application to interstate commerce is that radio (and television) air belongs to all Americans even if the broadcast is local, the station privately funded, and the signal not intended to be picked up beyond the state lines.In essence, the bulk of interstate-commerce regulatory agencies are to be found in the FCC (broadcasting) and FTC (antitrust provisions).The several states also have some authority to regulate aspects of interstate commerce. Under the provisions of the states' police powers, interstate shipments may be banned, and, in the absence of federal laws to the contrary, state laws regulating highway traffic will invariably be upheld. In both examples, the burden on interstate commerce must not be so great as to outweigh either a state's greater interest or its implied powers of regulation in the absence of congressional legislation. Under the provisions of the commerce clause, a state may, in certain instances, tax goods in interstate commerce, providing that no congressional legislation prohibits such action (Hammerstein v. Superior Court [340 U.S. 602; 1951]).
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interstate commerce — in·ter·state commerce / in tər ˌstāt / n: commerce, traffic, transportation, and exchange between states of the U.S. see also commerce clause ◇ While interstate commerce has been narrowly interpreted in judicial decisions in the past, more recent … Law dictionary
Interstate Commerce — bedeutet in der Rechtssprache der Vereinigten Staaten von Amerika: Verkehr – zu Wasser und zu Lande – zwischen den einzelnen Bundesstaaten, im Gegensatz zu Internal oder auch Intrastate Commerce (Binnenverkehr innerhalb der Einzelstaaten) und… … Enzyklopädie des Eisenbahnwesens
interstate commerce — ➔ commerce … Financial and business terms
interstate commerce — in ter*state com merce, n. Commerce that involves transportation of articles of commerce across state lines. [U.S.] [PJC] … The Collaborative International Dictionary of English
Interstate Commerce — (engl., spr. stēt kómmĕrß), in den Vereinigten Staaten von Nordamerika Bezeichnung für den Verkehr zwischen den einzelnen Bundesstaaten im Gegensatz zum Internal Commerce (Binnenverkehr innerhalb der einzelnen Staaten) und dem Foreign Commerce… … Meyers Großes Konversations-Lexikon
interstate commerce — Literally, commerce between states. A practical rather than a technical legal conception, impossible of comprehensive definition, but having the distinguishing feature and indispensible element of importation into one state from another state. 15 … Ballentine's law dictionary
interstate commerce — Commercial trade, business, movement of goods or money, or transportation from one state to another. Such commerce is regulated by the federal government under powers granted in the Constitution. The federal government can also regulate… … Business law dictionary
interstate commerce — /ˌɪntəsteɪt kɒmɜ:s/ noun US commerce between different states which is therefore subject to federal government control … Marketing dictionary in english
Interstate Commerce Act — Interstate Commerce Act, auch Interstate Commerce Law, ist die abgekürzte, gewöhnlich gebrauchte Bezeichnung für das unter dem 4. Februar 1887 erlassene, am 5. April 1887 in Geltung getretene Bundesgesetz der Vereinigten Staaten von Amerika, über … Enzyklopädie des Eisenbahnwesens
Interstate Commerce Commission — n. A federal commission that regulates surface transportation between states, including trucks, trains, freight forwarders, oil pipelines, and other commercial carriers, in order to facilitate interstate commerce by ensuring that the public will… … Law dictionary