Legal Definition and Related Resources of Affecting Commerce
Meaning of Affecting Commerce
Any activity which touches or concerns business or industry. The term is often used in connection with the various federal statutes such as labor management Relations Act, Sherman Act, Age discrimination in Employment Act.
Related Entries of Affecting Commerce in the Encyclopedia of Law Project
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Affecting Commerce in Historical Law
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Legal Abbreviations and Acronyms
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Related Legal Terms
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What does Affecting commerce mean in American Law?
The definition of Affecting commerce in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
Under the commerce clause of the Constitution, the Federal government has the right to regulate interstate and international commerce. The Supreme Court eventually ruled that Federal power extended not only to transactions which crossed a border, but also to transactions taking place within one state if they materially affected another. But there had grown up law which distinguished acts “in commerce” from those “affecting commerce,” with the narrower interpretation being given
to statutes using the “in commerce” formulation. Hence to make clear that Congress wished to give the widest jurisdiction to, say, an administrative agency it was deemed necessary, or at least legislatively prudent, to amend certain older statutes. Thus, e.g., § 5 of the Federal Trade Commission Act (15 U.S.C. § 45) was amended in 1975 to replace every instance of “in commerce” with “in or affecting commerce.”