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90-704: Most of the professional baseball teams in Baltimore have been called the Orioles, in reference to the Baltimore oriole bird. There was already a minor league Baltimore Orioles, and the new Federal League club built their ballpark directly across the street from the Orioles park. The new club chose to call itself the Baltimore Terrapins, after the diamondback terrapin , the state reptile of Maryland. That nickname would later become primarily associated with

180-525: A connection to interstate commerce or to commercial activity. Once again, the Court stated it was presented with a congressional attempt to criminalize traditional local criminal conduct. As in Lopez , it could not be argued that state regulation alone would be ineffective to protect the aggregate effects of local violence. The Court explained that in both Lopez and Morrison , "the noneconomic, criminal nature of

270-409: A distinctive call which sounds like a fierce screech. Both male and female orioles make specific warning calls that sound like inharmonious chatter during combative confrontations. If there are other species of orioles in the area that hear the chatter, they will respond to alert calls and try to help defend the territory. Baltimore orioles are basically solitary outside their mating season. The species

360-535: A federal law regarding marijuana . The Court found the federal law valid although the marijuana in question had been grown and consumed within a single state and had never entered interstate commerce. The court held Congress may regulate an intrastate economic good as part of a complete scheme of legislation designed to regulate interstate commerce. Since the Rehnquist Court, the Tenth Amendment to

450-399: A meaningful amount of their favorite nesting locations: elm trees. The Baltimore orioles' song is a short set of recognizable, sweet whistles that sound like " tyew, pyeer, peededoo, and "teer." Calls include " veeer," which is an unusual nasal sound, a low chatter call, and two high calls which sound like " tyew-li and kleek." The male Baltimore oriole song is a clear whistle with

540-699: A new era of federal regulation under the commerce power," beginning with the enactment of the Interstate Commerce Act in 1887 and the Sherman Antitrust Act in 1890. The Commerce Clause represents one of the most fundamental powers delegated to the Congress by the founders. The outer limits of the Interstate Commerce Clause power have been the subject of long, intense political controversy. Interpretation of

630-503: A new rule for what was an acceptable use of congressional power under the Commerce Clause: Channels of commerce represent a broad congressional power that directly regulates the movement of goods and people across state lines. Importantly, the Court has never required a nexus (causal link) between a state border crossing and the engagement in an activity prohibited by Congress. In United States v. Sullivan (1948),

720-597: A professor of zoology at the University of Toronto, and others showed that the two birds actually did not interbreed significantly. The Baltimore oriole is the state bird of Maryland , and the namesake and mascot for the Baltimore Orioles baseball team. The Baltimore oriole was formally described in 1758 by the Swedish naturalist Carl Linnaeus in the tenth edition of his Systema Naturae under

810-676: A state of pupilage. Their relation to the United States resembles that of a ward to his guardian. As explained in United States v. Lopez , 514 U.S. 549 (1995), "For nearly a century thereafter [that is, after Gibbons ], the Court's Commerce Clause decisions dealt but rarely with the extent of Congress' power, and almost entirely with the Commerce Clause as a limit on state legislation that discriminated against interstate commerce." Under this line of precedent,

900-559: A substantial way interfere with or obstruct the exercise of the granted power. In Wickard v. Filburn (1942), the Court upheld the Agricultural Adjustment Act of 1938 , which sought to stabilize wide fluctuations in the market price for wheat. The Court found that Congress could apply national quotas to wheat grown on one's own land for one's own consumption because the total of such local production and consumption could potentially be sufficiently large as to affect

990-468: A variety of secondary habitats. In recent times, they are often found in orchards, farmland, urban parks and suburban landscapes as long as they retain woodlots. In Mexico, they winter in flowering canopy trees, often over shade coffee plantations . From 1966 to 2015, the Baltimore oriole experienced a greater than 1.5% annual population decrease throughout the northern and eastern parts of its breeding range. Among other causes Dutch elm disease destroyed

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1080-432: A vibrant tone that flows and includes a brief sequence of notes that are paired and repeated 2-7 times, lasting 1-2 seconds. Sometimes during breeding season mature male orioles will make a " flutter-drum sound" to each other while in flight by making noise as they move their wings. Male orioles sing to proclaim and protect territory. The female Baltimore oriole also sings to communicate and while protecting her nest she gives

1170-468: A voluntary cession to our government; yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can, with strict accuracy, be denominated foreign nations. They may, more correctly be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile, they are in

1260-485: A wing-quiver display in response. The wing-quiver display involves leaning forward, often with the tail partly fanned, and fluttering or quivering slightly lowered wings. The Baltimore oriole's nest is built by the female. It is a tightly woven, bundle-like pouch located on the end of a branch, consisting of any fine plant or animal materials available, hanging down on the underside. Trees such as elm , cottonwood , maple , willow , or apple are regularly selected, with

1350-463: Is a small icterid blackbird common in eastern North America as a migratory breeding bird. It received its name from the resemblance of the male's colors to those on the coat-of-arms of 17th-century Lord Baltimore . Observations of interbreeding between the Baltimore oriole and the western Bullock's oriole Icterus bullockii , led to both being classified as a single species, called the northern oriole , from 1973 to 1995. Research by James Rising,

1440-586: Is from the Ancient Greek ikteros , a yellow bird, usually taken to be the Eurasian golden oriole , the sight of which was thought to cure jaundice. The specific galbula is the Latin name for a yellow bird, again usually assumed to be the golden oriole. This medium-sized passerine measures 17–22 cm (6.7–8.7 in) in length and spans 23–32 cm (9.1–12.6 in) across the wings. Their build

1530-432: Is generally considered monogamous, although evidence suggests that extra-pair copulation is relatively common. In the spring, males establish a territory and then display to females by singing and chattering while hopping from perch to perch in front of them. Males also give a bow display, bowing with wings lowered and tail fanned. Depending on their receptiveness, the females may ignore these displays or sing and give calls or

1620-409: Is not an essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated. It cannot, therefore, be sustained under our cases upholding regulations of activities that arise out of or are connected with a commercial transaction, which viewed in the aggregate, substantially affects interstate commerce. The opinion set

1710-601: Is not an invasion of any private property rights in the stream or the lands underlying it, for the damage sustained does not result from taking property from riparian owners within the meaning of the Fifth Amendment but from the lawful exercise of a power to which the interests of riparian owners have always been subject. United States v. Chicago, M., St. P. & P. R. Co. , 312 U.S. 592, 596–597 (1941); Gibson v. United States , 166 U.S. 269, 275–276 (1897). Thus, without being constitutionally obligated to pay compensation,

1800-735: Is now one of 32 New World orioles placed in the genus Icterus that was introduced in 1760 by the French ornithologist Mathurin Jacques Brisson . The species is monotypic : no subspecies are recognised. Like all New World orioles , this species is named after an unrelated, physically similar family found in the Old World : the Oriolidae . The word "Oriole" ultimately derives from the Latin aureolus , "golden". The genus name Icterus

1890-473: Is orange on the underparts, shoulder patch, and rump, with some birds appearing a very deep flaming orange and others appearing yellowish orange. All of the rest of the male's plumage is black. The adult female is yellow brown on the upper parts with darker wings, and dull orange yellow on the breast and belly. The juvenile oriole is similar looking to the female, with males taking until the fall of their second year to reach adult plumage. Baltimore orioles live in

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1980-415: Is perhaps the forest tent caterpillar moth , which they typically eat in their larval stage, and can be a nuisance species if not naturally regulated by predation. The larvae caterpillar is beaten against a branch until their protective hairs are skinned off before being eaten. They will also consume beetles, grasshoppers, wasps, bugs, and spiders. Baltimore orioles' consumption of forest tent caterpillars at

2070-706: Is substantially diminished. Some scholars, such as Robert H. Bork and Daniel E. Troy, argue that prior to 1887, the Commerce Clause was rarely invoked by Congress and so a broad interpretation of the word "commerce" was clearly never intended by the Founding Fathers. In support of that claim, they argue that the word "commerce," as used in the Constitutional Convention and the Federalist Papers , can be substituted with either "trade" or "exchange" interchangeably and still preserve

2160-418: Is typical of icterids, as they have a sturdy body, a longish tail, fairly long legs and a thick, pointed bill. The body weight averages 33.8 g (1.19 oz), with a range of weights from 22.3 to 42 g (0.79 to 1.48 oz). The male oriole is slightly larger than the female, although the size dimorphism is minimal by icterid standards. Adults always have white bars on the wings. The adult male

2250-470: The American League champion Philadelphia Athletics . The Athletics had sold off several future Hall-of-Famers like Eddie Plank , Eddie Collins and Frank "Home Run" Baker after being swept by the surprising Boston Braves in the 1914 World Series . Bender had come off an impressive 17–3 season where he compiled seven shutouts and a 2.26 ERA in 1914. However, his 1915 season at Baltimore

2340-727: The Nearctic in summer, including the Canadian Prairies and eastern Montana in the northwest eastward through southern Ontario , southern Quebec and New Brunswick and south through the eastern United States to central Mississippi and Alabama and northern Georgia . They migrate to winter in the Neotropics as far north as Mexico and sometimes the southern coast of the United States, but predominantly in Central America and northern South America . Some areas of

2430-547: The Rehnquist Court 's revived federalism , as evident in its 5–4 decision in United States v. Lopez , enforced strict limits to congressional power under the Commerce Clause. In Lopez , the Court struck down the Gun-Free School Zones Act of 1990 . It was the first time in almost 60 years that the Court had struck down a federal law for exceeding the limits of the Commerce Clause. In the case,

2520-838: The University of Maryland, College Park sports teams called the Maryland Terrapins . Baltimore gathered for spring training in Southern Pines, North Carolina at the Southern Pines Golf Club , previously used by the Philadelphia Phillies in 1909 and 1910. Terrapins manager Otto Knabe had played for these Phillies teams and trained in Southern Pines. While the 1914 team posted a respectable 84–70 record and finished only 4½ games out of first place under player-manager Otto Knabe ,

2610-520: The binomial name Coracias galbula . He specified the type locality as America, but this was restricted to Virginia in 1931. Linnaeus based his account on the "Baltimore-Bird" that had been described and illustrated by the English naturalist Mark Catesby in his The Natural History of Carolina, Florida and the Bahama Islands that was published between 1729 and 1732. The Baltimore oriole

2700-413: The Commerce Clause. Heart of Atlanta Motel v. United States , 379 U.S. 241 (1964), ruled that Congress could regulate a business that served mostly interstate travelers. Daniel v. Paul , 395 U.S. 298 (1969), ruled that the federal government could regulate a recreational facility because three of the four items sold at its snack bar were purchased from outside the state. Starting in 1995,

2790-487: The Constitution has once again played an integral part in the Court's view of the Commerce Clause. The Tenth Amendment states that the federal government has the powers specifically delegated to it by the Constitution and that other powers are reserved to the states or to the people. The Commerce Clause is an important source of those powers delegated to Congress and so its interpretation is very important in determining

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2880-631: The Court excluded services not related to production, such as live entertainment, from the definition of commerce: That to which it is incident, the exhibition, although made for money, would not be called trade of commerce in the commonly accepted use of those words. As it is put by defendant, personal effort not related to production is not a subject of commerce. In 1935, the Supreme Court decision in Schecter Poultry Corporation v. United States invalidated regulations of

2970-513: The Court held that Section 301k of the Federal Food, Drug, and Cosmetic Act, which prohibited the misbranding of pharmaceutical drugs transported in interstate commerce, did not exceed the congressional commerce power because Congress has the power to “keep the channels of such commerce free from the transportation of illicit or harmful articles.” Topics in this category include mailing or shipping in interstate commerce, prohibiting crimes where

3060-426: The Court held that certain categories of activity such as "exhibitions", "production", "manufacturing", and "mining" were within the province of state governments, and thus were beyond the power of Congress under the Commerce Clause. When Congress began to engage in economic regulation on a national scale, the Court's dormant Commerce Clause decisions influenced its approach to Congressional regulation. In this context,

3150-539: The Court ruled that the clause covered meatpackers; although their activity was geographically "local", they had an important effect on the "current of commerce", and thus could be regulated under the Commerce Clause. The Court's decision halted price fixing. Stafford v. Wallace , 258 U.S. 495 (1922), upheld a federal law (the Packers and Stockyards Act ) regulating the Chicago meatpacking industry, because

3240-686: The Court took a formalistic approach, which distinguished between services and commerce, manufacturing and commerce, direct and indirect effects on commerce, and local and national activities. See concurring opinion of Justice Kennedy in United States v. Lopez . ("One approach the Court used to inquire into the lawfulness of state authority was to draw content-based or subject-matter distinctions, thus defining by semantic or formalistic categories those activities that were commerce and those that were not.") The Dormant Commerce Clause formalisms spilled over into its Article I jurisprudence. While Congress had

3330-414: The Court upheld federal price regulation of intrastate milk commerce: The commerce power is not confined in its exercise to the regulation of commerce among the states. It extends to those activities intrastate which so affect interstate commerce, or the exertion of the power of Congress over it, as to make regulation of them appropriate means to the attainment of a legitimate end, the effective execution of

3420-407: The Court was confronted with the conviction of a high school student for carrying a concealed handgun into school in violation of the act. In striking down the federal law, the majority opinion explained: [The Gun-Free School Zones Act] is a criminal statute that by its terms has nothing to do with "commerce" or any sort of economic enterprise, however broadly one might define those terms. [The act]

3510-604: The Federal League could compete seriously with the National League and American League on a professional baseball level and led to the buy-out truce which ended the Federal League for good. However, the Baltimore team's owners were not offered a part in this buyout. When the Federal League started, the Terrapins severely cut into the minor league Baltimore Orioles ' attendance, causing financial problems for

3600-747: The Framers of the United States Constitution ; therefore, the Sherman Act and other federal laws and regulations did not apply to baseball. The case, Federal Baseball Club v. National League , was not ultimately decided until 1922. The minor league Orioles moved into Terrapin Park , a wooden ballpark. This move began a chain of events which would eventually lead to the return of major league baseball to Baltimore. Baltimore oriole The Baltimore oriole ( Icterus galbula )

3690-557: The Framers' response to the central problem giving rise to the Constitution itself: the absence of any federal commerce power under the Articles of Confederation. For the first century of our history, the primary use of the Clause was to preclude the kind of discriminatory state legislation that had once been permissible. Then, in response to rapid industrial development and an increasingly interdependent national economy, Congress "ushered in

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3780-488: The President to appoint an additional Justice for each sitting Justice over age 70. Given the age of the current justices, that would allow a Supreme Court of up to 15 Justices. Roosevelt claimed that to be intended to lessen the load on the older Justices, rather than an attempt to achieve a majority that would cease to strike his New Deal acts. Ultimately, there was widespread opposition to the "court packing" plan, and in

3870-548: The Supreme Court addressed whether the Cherokee nation is a foreign state in the sense in which that term is used in the U.S. constitution. The Court provided a definition of Indian tribe that clearly made the rights of tribes far inferior to those of foreign states: Though the Indians are acknowledged to have an unquestionable, and, heretofore, unquestioned right to the lands they occupy, until that right shall be extinguished by

3960-465: The U.S. Supreme Court rejected the argument that the ban on growing medical marijuana for personal use exceeded the powers of Congress under the Commerce Clause. Even if no goods were sold or transported across state lines, the Court found that there could be an indirect effect on interstate commerce and relied heavily on a New Deal case, Wickard v. Filburn , which held that the government may regulate personal cultivation and consumption of crops because

4050-399: The United States may change the course of a navigable stream, South Carolina v. Georgia , 93 U.S. 4 (1876), or otherwise impair or destroy a riparian owner's access to navigable waters, Gibson v. United States , 166 U.S. 269 (1897); Scranton v. Wheeler , 179 U.S. 141 (1900); United States v. Commodore Park, Inc. , 324 U.S. 386 (1945), even though the market value of the riparian owner's land

4140-451: The activity Congress is attempting to regulate has a substantial effect on interstate commerce, reviewing courts typically consider the following factors: (1) whether the regulated activity is commercial or economic in nature; (2) whether an express jurisdictional element is provided in the statute to limit its reach; (3) whether Congress made express findings about the effects of the proscribed activity on interstate commerce; and (4) whether

4230-568: The aggregate effect of individual consumption could have an indirect effect on interstate commerce. Article I, Section 8, Clause 3: [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; The significance of the Commerce Clause is described in the Supreme Court's opinion in Gonzales v. Raich , 545 U.S. 1 (2005): The Commerce Clause emerged as

4320-609: The beginning of the end of Supreme Court's opposition to the New Deal, which also obviated the "court packing" scheme. In United States v. Darby Lumber Co. (1941), the Court upheld the Fair Labor Standards Act , which regulated the production of goods shipped across state lines. It stated that the Tenth Amendment "is but a truism" and was not considered to be an independent limitation on congressional power. In United States v. Wrightwood Dairy Co. (1942),

4410-400: The conduct at issue was central to our decision." Furthermore, the Court pointed out that neither case had "'express jurisdictional element which might limit its reach (to those instances that) have an explicit connection with or effect on interstate commerce.'" In both cases, Congress criminalized activity that was not commercial in nature without including a jurisdictional element establishing

4500-503: The corresponding verb "to commerce" more broadly as "[t]o hold intercourse." The word "intercourse" also had a different and wider meaning back in 1792, compared to today. Nevertheless, in Gibbons v. Ogden (1824), the Court ruled unanimously that congressional power extends to regulation over navigable waters. Chief Justice John Marshall ruled in Gibbons v. Ogden (1824) that the power to regulate interstate commerce also included

4590-576: The end of the Lochner era , the use of the Commerce Clause by Congress to authorize federal control of economic matters became effectively unlimited. The US Supreme Court restricted congressional use of the Commerce Clause somewhat with United States v. Lopez (1995). The Commerce Clause is the source of federal drug prohibition laws under the Controlled Substances Act . In a 2005 medical marijuana case, Gonzales v. Raich ,

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4680-525: The end, Roosevelt abandoned it. However, in what became known as " the switch in time that saved nine ," Justice Owen Roberts , shortly after the "court packing" plan was proposed, joined the 5-4 majority opinion in West Coast Hotel Co. v. Parrish (1937). It narrowly upheld a Washington state minimum wage law, abandoning prior jurisprudence, and ended the Lochner era . That essentially marked

4770-656: The female for two weeks. After this, the young start to fledge , becoming largely independent shortly thereafter. If the eggs, young, or nest are destroyed, the oriole is unable to lay a replacement clutch. Predation of adults is a common source of mortality, typically also occurring with eggs, nestlings, and fledglings. Common predators at Baltimore oriole nests can include common grackles , American crows , blue jays , black-billed magpies , tree squirrels , and domestic cats , which most commonly capture newly fledged orioles or adults engaged in brooding behavior. Rapacious birds commonly prey on both young and fully-grown orioles,

4860-572: The former St. Louis Browns moved into town and became the present-day Baltimore Orioles . As the Terrapins' owners were not offered any part of the buyout offer made to most Federal League teams by the American and National Leagues, they decided to sue, alleging that the buyout was in violation of the Sherman Antitrust Act . The resulting case led to the U.S. Supreme Court deciding that the scheduling and playing of "base ball games" did not constitute " interstate commerce " in any sense envisioned by

4950-470: The granted power to regulate interstate commerce.... The power of Congress over interstate commerce is plenary and complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.... It follows that no form of state activity can constitutionally thwart the regulatory power granted by the commerce clause to Congress. Hence, the reach of that power extends to those intrastate activities which in

5040-456: The idea that the electoral process of representative government represents the primary limitation on the exercise of the Commerce Clause powers: The wisdom and the discretion of Congress, their identity with the people, and the influence which their constituents possess at elections, are, in this, as in many other instances, as that, for example, of declaring war, the sole restraints on which they have relied, to secure them from its abuse. They are

5130-437: The individual crossed a state line to commit the act, and explosives. The instrumentalities category allows Congress to make regulations in regards to "the safety, efficiency, and accessibility of the nationwide transportation and communications networks." It is a significant basis for congressional authority however it has not been fully occupied by Congress. The substantial impact (or substantial affect) category relates to

5220-433: The industry was part of the interstate commerce of beef from ranchers to dinner tables. The stockyards "are but a throat through which the current [of commerce] flows," Chief Justice Taft wrote, referring to the stockyards as "great national public utilities." As Justice Kennedy wrote: (in a concurring opinion to United States v. Lopez ), "Though that [formalistic] approach likely would not have survived even if confined to

5310-481: The juice with their tongues. During spring and fall, nectar, fruit, and other sugary foods are readily converted into fat, which supplies energy for migration. Many people now attract Baltimore orioles to their backyards with oriole feeders. Many contain essentially the same food as hummingbird feeders, but are designed for orioles, are orange instead of red, and have larger perches. Baltimore orioles are also fond of halved oranges, grape jelly, and in their winter quarters,

5400-510: The link between the prohibited activity and the effect on interstate commerce is attenuated. Lopez was clarified by the Rehnquist Court in United States v. Morrison , 529 U.S. 598 (2000). In Morrison, the Court invalidated § 40302 of the Violence Against Women Act ("VAWA"), which created civil liability for the commission of a gender-based violent crime but without any jurisdictional requirement of

5490-560: The meaning of those statements. They also point to James Madison 's statement in an 1828 letter that the "Constitution vests in Congress expressly... 'the power to regulate trade'." Examining contemporaneous dictionaries does not neatly resolve the matter. For instance, the 1792 edition of Samuel Johnson 's A Dictionary of the English Language defines the noun "commerce" narrowly as "[e]xchange of one thing for another; interchange of any thing; trade; traffick," but it defines

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5580-508: The mining industry on the grounds that mining was not "commerce." In the preceding decades, the Court had struck down a laundry list of progressive legislation: minimum-wage laws, child labor laws, agricultural relief laws, and virtually every other element of the New Deal legislation that had come before it. After winning re-election in 1936 , Roosevelt proposed the Judicial Procedures Reform Bill of 1937 to allow

5670-743: The most prolific being the eastern screech owl and Cooper's and sharp-shinned hawks . Somewhat larger rapacious birds also sometimes opportunistically prey on the oriole, including peregrine falcons , great horned owls , and barn owls , while merlins may do so while orioles are migrating. The oldest recorded Baltimore oriole lived to 11 years and 7 months in the wild. They have been recorded living up to 14 years in captivity. Baltimore orioles forage in trees and shrubs, also making short flights to catch insects. They acrobatically clamber, hover, and hang among foliage as they comb high branches. They mainly eat insects, berries, and nectar, and are often seen sipping at hummingbird feeders. Their favored prey

5760-459: The necessary connection between the criminalized activity and interstate commerce. The Rehnquist Court's Commerce Clause cases helped establish the doctrine of " New Federalism ." The Court's New Federalism doctrine was focused on reining in congressional powers in order to re-strengthen the powers of the individual states which had been weakened during the New Deal era. Members on the Rehnquist Court theorized that by re-apportioning power back to

5850-407: The nest usually located around 7 to 9 m (23 to 30 ft) above the ground. The female lays three to seven eggs, with the norm being around four. The eggs are pale gray to bluish-white, measuring 2.3 cm × 1.6 cm (0.91 in × 0.63 in) on average. The incubation period is 12 to 14 days. Once the nestlings hatch, they are fed by regurgitation by both parents and brooded by

5940-684: The overall national goal of stabilizing prices. The Court cited its recent Wrightwood decision and decided, "Whether the subject of the regulation in question was 'production,' 'consumption,' or 'marketing' is, therefore, not material for purposes of deciding the question of federal power before us." The Court reiterated Chief Justice Marshall's decision in Gibbons : "He made emphatic the embracing and penetrating nature of this power by warning that effective restraints on its exercise must proceed from political, rather than from judicial, processes." The Court also stated, "The conflicts of economic interest between

6030-666: The owner. As a result, several players, including the young left-handed pitcher Babe Ruth , were offered for sale to major league teams. Ruth's contract was purchased by the Boston Red Sox , after being turned down by Connie Mack and the Philadelphia Athletics. In 1914, Ruth began his career with the Red Sox of the rival American League . After the demise of the Federal League and the Terrapins, Baltimore would not see major league baseball again until 1954 , when

6120-608: The poultry industry according to the nondelegation doctrine and as an invalid use of Congress's power under the commerce clause. The unanimous decision rendered unconstitutional the National Industrial Recovery Act , a main component of President Franklin Roosevelt 's New Deal . Again in 1936, in Carter v. Carter Coal Company , the Supreme Court struck down a key element of the New Deal's regulation of

6210-454: The power discussed in the Court's 1942 decision in Wickard v. Filburn . It is arguably the strongest categorical power in the Lopez rule. In essence, it relates to economic activities which, in the aggregate, have a substantial impact on interstate commerce. The Court has stopped short of establishing a rule prohibiting the aggregation of all non-economic activity. In determining whether

6300-451: The power to regulate commerce, it could not regulate manufacturing, which was seen as being entirely local. In Kidd v. Pearson , 128 U.S. 1 (1888), the Court struck a federal law which prohibited the manufacture of liquor for shipment across state lines. Similar decisions were issued with regard to agriculture, mining, oil production, and generation of electricity. In Swift v. United States , 196 U.S. 375 (1905),

6390-505: The power to regulate interstate navigation: "Commerce, undoubtedly is traffic, but it is something more—it is intercourse.... [A] power to regulate navigation is as expressly granted, as if that term had been added to the word 'commerce'.... [T]he power of Congress does not stop at the jurisdictional lines of the several states . It would be a very useless power if it could not pass those lines." The Court's decision contains language supporting one important line of Commerce Clause jurisprudence,

6480-460: The public property of the nation, and subject to all the requisite legislation by Congress." United States v. Rands , 389 U.S. 121 (1967). The Rands decision continues: This power to regulate navigation confers upon the United States a dominant servitude , FPC v. Niagara Mohawk Power Corp. , 347 U.S. 239, 249 (1954), which extends to the entire stream and the stream bed below ordinary high-water mark. The proper exercise of this power

6570-531: The question of a State's authority to enact legislation, it was not at all propitious when applied to the quite different question of what subjects were within the reach of the national power when Congress chose to exercise it." Similarly, the Court excluded most services by distinguishing them from commerce. In Federal Baseball Club v. National League , 259 U.S. 200 (1922), which was later upheld in Toolson v. New York Yankees (1953) and Flood v. Kuhn (1973),

6660-621: The range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause , and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction over numerous aspects of intrastate and interstate commerce as well as activity that had traditionally been regarded not to be commerce. Starting in 1937, following

6750-496: The red arils of gumbo-limbo ( Bursera simaruba ). If they discover a well-kept feeder, orioles lead their young there. Interstate commerce The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3 ). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among

6840-469: The regulated and those who advantage by it are wisely left under our system to resolution by the Congress under its more flexible and responsible legislative process. Such conflicts rarely lend themselves to judicial determination. And with the wisdom, workability, or fairness, of the plan of regulation, we have nothing to do." Thereafter, the Court began to defer to the Congress on the theory that determining whether legislation affected commerce appropriately

6930-465: The restraints on which the people must often rely solely, in all representative governments.... In Gibbons , the Court struck down New York State 's attempt to grant a steamboat monopoly to Robert Fulton , which he had then ultimately franchised to Ogden, who claimed river traffic was not "commerce" under the Commerce Clause and that Congress could not interfere with New York State's grant of an exclusive monopoly within its own borders. Ogden's assertion

7020-407: The rights of landowners adjoining or exercising what would otherwise be riparian rights under the common law . The Commerce Clause confers a unique position upon the federal government in connection with navigable waters: "The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States.... For this purpose they are

7110-516: The scope of federal power in controlling innumerable aspects of American life. The Commerce Clause has been the most broadly-interpreted clause in the Constitution, making way for many laws that some argue, contradict the original intended meaning of the Constitution. Justice Thomas has gone so far as to state in his dissent to Gonzales , Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on

7200-564: The several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to

7290-484: The sixteen words of the Commerce Clause has helped define the balance of power between the federal government and the states and the balance of power between the two elected branches of the federal government and the Judiciary. As such, it directly affects the lives of American citizens. The Commerce Clause provides comprehensive powers to the United States over navigable waters . The powers are critical to understand

7380-742: The southern United States may retain orioles all winter if they have feeders that appeal to them. The range of this bird overlaps with that of the similar Bullock's oriole in the Midwest, and the two species were once considered to be conspecific under the name northern oriole because they form fertile hybrids. The Baltimore oriole is a rare vagrant to Western Europe . Baltimore orioles are often found high up in large, leafy deciduous trees, but do not generally reside in deep forests. The species has been found in summer and migration in open woodland, forest edge, and partially wooded wetlands or stands of trees along rivers. They are very adaptable and can breed in

7470-541: The stage of development when they do the most damage to forest trees and plants, plays an important role in the ecosystem. Unlike American robins and many other fruit-eating birds, Baltimore orioles seem to prefer only ripe, dark-colored fruit. Orioles seek out the darkest mulberries, the reddest cherries, and the deepest-purple grapes, and will ignore green grapes and yellow cherries even if they are ripe. Baltimore orioles sometimes use their bills to "gape", stabbing their closed bill into soft fruits, then opening them to lap

7560-612: The states, individual liberty was strengthened. In contrast, Erwin Chemerinsky believes that limiting the commerce power as the Rehnquist Court did can only lead to the weakening of individual liberties. The outer limits of the New Federalism doctrine were delineated by Gonzales v. Raich in which Justices Antonin Scalia and Anthony Kennedy departed from their previous positions in the Lopez and Morrison to uphold

7650-414: The team was less than successful at the box office, even though four of the eight teams in the league ( Chicago , Brooklyn , Pittsburgh , and St. Louis ) were competing with one and even two (Chicago and St. Louis) other major league teams in the same cities. In an attempt to turn this situation around and attract a marquee player to help them at the box office, the 1915 team recruited Chief Bender of

7740-488: The use of the Commerce Clause to political means, that the Court again ruled that a regulation enacted under the Commerce Clause was unconstitutional. The wide interpretation of the scope of the Commerce Clause continued following the passing of the Civil Rights Act of 1964 , which aimed to prevent business from discriminating against black customers. The Supreme Court issued several opinions supporting that use of

7830-578: Was a decision that was political and legislative, not judicial. That overall change in the Court's jurisprudence, beginning with Parrish , is often referred to as the Constitutional Revolution of 1937 , in which the Court shifted from exercising judicial review of legislative acts to protect economic rights to a paradigm that focused most strongly on protecting civil liberties. It was not until United States v. Lopez (1995) decision, after nearly 60 years of leaving any restraint on

7920-438: Was a low point of his Hall of Fame career when he slumped to a 4–16 record, no shutouts, and a 3.99 ERA. Baltimore's collapse to a 47–107 record, 40 games out of first, was overshadowed only by the collapse of Bender's former team who went from a 99–53 league championship season to a dismal 43–109 record, 58½ games out of first in 1915. Bender and the Baltimore Terrapins never made a full recovery from 1915. The incident did show

8010-684: Was operational on an interstate channel of navigation. In its decision, the Court assumed interstate commerce required movement of the subject of regulation across state borders. The decision contains the following principles, some of which have since been altered by subsequent decisions: Additionally, the Marshall Court limited the extent of federal maritime and admiralty jurisdiction to tidewaters in The Steam-Boat Thomas Jefferson Johnson . In Cherokee Nation v. Georgia , 30 U.S. 1 (1831),

8100-641: Was untenable: he contended that New York could control river traffic within New York all the way to the border with New Jersey and that New Jersey could control river traffic within New Jersey all the way to the border with New York, leaving Congress with the power to control the traffic as it crossed the state line. Thus, Ogden contended, Congress could not invalidate his monopoly if transported passengers only within New York. The Supreme Court, however, found that Congress could invalidate his monopoly since it

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