Commerce Clause

product cannot be sold in the state that requires the labeling due to the fact that it does not have a label on it. This could adversely affect manufactures and distributors and be a violation of the Dormant Commerce Clause, which states individual states cannot cause a burden to interstate commerce (Foscolo & Handel PLLC, 2013). In order to stop this burden to manufacturers and distributors, the Federal Government may form a regulation, which requires every state to regulate the labeling of…

violates the Fifth Amendment by allowing the government to take property without just compensation.” While, the federal government has a constitutional right to "take" private property for public use, however, the Fifth Amendment's Just Compensation Clause requires the government to pay just compensation, interpreted as market value, to the owner of the property. Subsequently, the empirical result of Obamacare proves it…

Section 8, Clause 3 or commonly referred to as the Commerce Clause focuses on Congress authority to regulate Commerce with foreign nations, other states within the United States, and Indian Tribes. The Commerce Clause has come under increased pressure throughout the course of early United States history regarding Congresses authority to restrain state actions taken for reasons of commerce and the central authority granted to federal government. Due to the nature, vast definition of clause it has…

Chamber of Commerce is an organization that caters to business organizations. This interest group focuses on creating and supporting jobs that will benefit the nation's economy. The Chamber of commerce is involved with issues such as debt and deficit, financial regulation, health care, immigration, international trade, and national security. • US Chamber of Commerce have opposed and took a stance against a numerous amount of legislations in comparison to those they supported. Chamber of Commerce…

Valley Landscaping as a receptionist for 10 years before termination. Defendant Barbara Wisdom is the sole owner of Green Valley Landscaping LLC (hereinafter Green Valley). Green Valley employs 25 workers and its business activities affect interstate commerce. Ms. Bellum was terminated on May 14, 2015. On May 14, 2015, Ms. Wisdom claimed that the facts confirm that there was a cash payment for $419.16 that was not turned in, although there was a receipt for this amount. Sara Bellum…

The Affordable Care Act decision could have been an expansion of the powers of the federal government under the Commerce Clause. Instead, Roberts sought to redefine the penalty as a tax, so to avoid defining it as a power under Congress power to regulate interstate commerce. Although I agree with Roberts reasoning so as not to uphold the law under the commerce clause, I also find the redefining of the individual mandate as a problematic precedent. However, I believe the greatest issues with the…

The Commerce Clause is found in Article I Section 8, of the United States Constitution and was the original grant of power to Congress by the people to regulate interstate commerce. The clause is short and simply states “Congress shall have the power to regulate Commerce with foreign Nations, and among several States, and with the Indian tribes” (The U.S. Constitution, 1788). Though the language seems clear in its meaning, in the 240 year history of the United States the clause has been…

(EPP) is a principle common to all languages which states that a sentence must always have a subject. According to the EPP and as explained by Carnie (2013), all clauses must have subjects (i.e. the specifier of TP must be filled by a DP or CP) and lexical information must be expressed at all levels. In the UG view,…

relationships but also reduces the effectiveness of the parties that are lied to (Dauten, 1964). Considering a business can only be as effective as the employees that run the daily operations; they must be as capable as possible. Therefore, a key clause in any communication contract must revolve around…

People everyday experience confusion as to the meaning of a sentence based upon incorrect comma placement. There was actually a legal case in Maine over the misuse of commas, particularly the Oxford comma (Sullivan). The Oxford comma is the labeled “optional” comma after the last item in a list and before the word “and”. Some people believe that the Oxford comma is unnecessary, but that is simply incorrect. The usage of this particular punctuation is considered optional by many, but given the…