Commerce Clause

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    The Commerce Clause

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    Exam 1 Essay: the Commerce Clause Since it was first established in the Constitution, the commerce clause found in Article I, Section 8 has “permit[ted] Congress ‘[t]o regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes’” (Miller and Jentz 33). The real meaning of this, however, has over time, and through numerous cases changed. The one part which importance has probably changed the most, is the effects doctrine. According to Roger LeRoy Miller and Gaylord A. Jentz, the commerce clause has had a greater impact on business than any other provision in the Constitution (33). Throughout this report, the changes of the significance of the effects doctrine to the commerce clause will be discussed, as will…

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    Commerce Clause Definition

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    During this semester, we have talked about numerous cases in lecture and in the readings that deal with commerce clause or have some ties to it. My paper and interpretations of the commerce clause come from the knowledge that I have gathered from lecture so far. The word commerce is controversial based on my interpretations of it. The Constitution does not explicitly define the word commerce just like the constitution does not define the word man when it comes to the requirements for running for…

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    According to Jennings (2018), “The Commerce Clause is found in Article I, Section 8, Part 3, of the U.S. Constitution and provides Congress with the power “to regulate Commerce with foreign Nations, and among several States” (p.143). The constitution itemizes certain powers within the federal government. Powers that is not authorized to Congress by the Constitution is remoted for the state due to the establishment of the Tenth Amendment. Congress has been observed using the Commerce Clause to…

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    The Commerce Clause originated in the U.S. Constitution in Article 1, Section 8, of Part 3. This clause limits congress to the regulation of interstate commerce. Which means that the congress has the power to delegate what goes on between commerce and foreign nations (Jennings, 2014). The Commerce Clause has verifiable been seen as both a gift of congressional power and as a limitation on states' forces to control. The Commerce Clause alludes to the forbiddance against states passing…

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    again, this time while also violating the commerce clause. Now, the United States Government is trying to tell my state of Montana, among others, that we cannot create our own firearms laws and that we must follow the federal government’s. The weapons were made and sold within the state of Montana, so we should have say about what laws are placed upon these firearms. To regulate our products made in the great state of Montana, the federal government is undermining the meaning of the commerce…

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    The Commerce Clause is here to prevent states from establishing laws and different regulations that would hinder trades and commerce among other states. The commerce clause has the greatest impact on business in general than any other provision in the constitution. As stated in the Gibbons vs Ogden case of 1824 it says that before the commerce clause the states tended to restrict commerce within and beyond their borders and the reason it made it so costly and not well planned out is because they…

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    Congressional Legislation

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    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…

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    The congressional authority over commerce has been defined in the Court as having three broad categories, allowing for Congress to 1) regulate channel use for interstate commerce; 2) regulate and protect instrumentalities of interstate commerce even when the main threat stems from intrastate commerce; and 3) regulate activities which hold a substantial relation to interstate commerce (U.S. v. Lopez, 457R). It should be noted that the Court has determined commerce to be “…the commercial…

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    video games for more than 8 hours per week” citing their Commerce Clause and taxing those who choose to play over the allotted 8 hours per week through their Taxing and Spending Clause. Although, Congress has passed many laws in the name of both the Commerce Clause and the Taxing and Spending Clause, we the court must define which activities Congress was exclusively enumerated with in our Constitution. In the case of National Association of Bros v. United States (2015) we conclude the PLAY Act…

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    Texarkansas Case Study

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    The commerce clause, Article 1 Section 8, of the Constitution gives Congress the power to regulate commerce among the states. One would say that because of the fact that these laws are intrastate then commerce may not regulate; but that idea is struck down by the modern approach of the commerce clause. The modern approach to the commerce clause is commerce power that allows Congress to regulate and protect the channels of interstate commerce, the instrumentalities of interstate commerce, and…

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