Commerce Clause

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  • The Commerce Clause

    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…

    Words: 1295 - Pages: 6
  • Pros And Cons Of Commerce Clause

    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…

    Words: 830 - Pages: 4
  • How Does The Commerce Clause Affect Commerce

    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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  • Texarkansas Case Study

    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…

    Words: 1609 - Pages: 7
  • Congressional Legislation

    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…

    Words: 1005 - Pages: 4
  • The Case Of National Association Of Bros V. United States (2015)

    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…

    Words: 1059 - Pages: 5
  • How To Regulate Recreational Marijuana

    of 1970, as well as the use of the Commerce Clause, is something that the court system needs to intensely scrutinize. Looking back at the precedents that have been set throughout the history of the Supreme Court, such as “Wickard V. Filburn (1942),” “Gonzalez V. Raich (2005),” “Gibbons V. Ogden (1824),” among others is a great way to gain a…

    Words: 1622 - Pages: 7
  • Enumerated Powers Of Congress Essay

    following was prepared by the Office of the Secretary of the Senate with the assistance of the Library of Congress, providing the original text of each clause of the Constitution with an accompanying explanation of its meaning and how that meaning has changed over time. Source: U.S. Senate, Library Of Congress Sections 1, 2 and 3 (Legislative Powers) | Sections 4, 5, 6 and 7 (Elections and Legislative Process) | Section 8 (Enumerated Powers) | Sections 9 and 10 (Powers Denied To Congress and…

    Words: 1257 - Pages: 6
  • Gibbons V. Ogden Case Analysis

    regards to interstate commerce. The scope of the Commerce Clause outlines that, “Congress shall have power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes” (Art. I, S. 8, Cl. 3). Interstate commerce encompasses any work involving or related to the movement of persons or materials across state lines or from foreign countries. The parameters of the policy were tested in the Supreme Court case of Gibbons v. Ogden, decided by John Marshall in 1824.…

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  • Lottery Case Analysis

    For example, even more so than Congress’s commerce power, there is a broad interpretation of the federal legislature’s taxing power. This fact was exploited by SCOTUS in National Federation of Independent Business v. Sebelius, 567 U.S. ___ (2012). This particular case had to do with the constitutionality of the Patient Protection and Affordable Care Act’s Individual Mandate. In the opinion of the court, Justice Roberts wrote that “the commerce power… does not authorize the mandate”. However, the…

    Words: 1913 - Pages: 8
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