The Commerce Clause Jurisprudence

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On analysis of the case it based on the Supreme Court scrutinizing congressional legislation in determining whether it is passed constitutional muster with resulting controversies involving the commerce clause of the United States constitution which played a role in identifying congress commerce scope. The main starting point for the commerce clause jurisprudence is the United States constitution which stated that the congress had power and authority to regulate commerce in1824. In 1988, the interstate regulatory moved to congress for a more perfect union. The first case for the Supreme Court to deal with was the Gibbons versus Ogden in which Chief Justice Marshall held congressional authority over commerce and outline its power. He ensured …show more content…
In light with the constitution, the Supreme Court identified the regulation powers of the congress; the constitution allows the congress to exercise commerce power by regulating commerce in foreign nations and several states and Indian tribes. Chief Justice Marshall defined the nature of commerce power as stated in Gibbons versus Ogden in 1824 defining commerce as an intercourse. It is stated that the congress had power to regulate and protect the instrumentalities of interstate commerce and also had power to regulate activities that substantially relate to and affected interstate …show more content…
Based on the decisions the businesses got concerned about powers of congress in relation to commerce clause identifying each rule if are constitutional. The relation between the government and business was strained in relation to the constitution since every rule was scrutinized closely for any defects. The court had a role to address the role of congressional decision making regarding legislative findings and history. Lopez case gave a clear legislative reasoning for congress’s broad use of its commerce power on the different businesses and to promote federalism the court should transform commerce cause inquiry into a balancing test. The many cases decided favored the expansion of congressional commerce power which commentators considered it

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