commerce statutes interpretation
Legal definition of commerce?
<p>When a law refers to commerce (e.g. interstate/foreign commerce), is this only a reference to economic activity? Or does it refer more generally to forms of communication? </p>

<p>Considering 18 U.S. Code § 1958 (the commission of murder-for-hire), the statute states under part (b): "As used in this section...'facility of interstate or foreign commerce' includes means of transportation and communication".</p>

<p>If another statute does not explicitly define the meaning of "facility of commerce" (or commerce in general), how would this affect the interpretation of the word "commerce"?</p>

<p>Every single word in a statute is either defined in it explicitly, or the rules of <a href="https://en.wikipedia.org/wiki/Statutory_interpretation" rel="nofollow noreferrer">statutory interpretation</a> apply.</p>

<blockquote>
  <p>If another statute does not explicitly define the meaning of "facility of commerce" (or commerce in general), how would this affect the interpretation of the word "commerce"?</p>
</blockquote>

<p>Either the <a href="https://en.wikipedia.org/wiki/Mischief_rule" rel="nofollow noreferrer">mischief rule</a> or, most likely, the <a href="https://en.wikipedia.org/wiki/Plain_meaning_rule" rel="nofollow noreferrer">plain meaning rule</a> will apply (assuming that the word "commerce" is highly unlikely to cause any absurdity in interpretation so that the <a href="https://en.wikipedia.org/wiki/Golden_rule_(law)" rel="nofollow noreferrer">golden rule</a> would need to be applied).</p>

<p>In considering the code, it should not be implied that that definition applies to the other statutes unless it is expressly mentioned within the other statutes that that meaning does so apply as is intended.</p>

<p>How the meaning of “commerce” would be determined, like Greendrake said would be through statutory interpretation conventions and that may mean applying its ordinary meaning. Another way to analyse what it means would be to look at earlier precedents of justices determining its meaning and see what conventions they apply in their reasoning. They could create or read in a meaning based on the words of the sections surrounding the provision or extrinsic materials.</p>

<p>Reading judgements on cases involving commerce under the act would be the surest way to find how “commerce” is currently, and likely will be interpreted in the future.</p>
