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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…

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    Federalism Analysis

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    Reading Response #1 The modern foundation of Federalism is grounded in the Constitution. However, there is no central definition of Federalism found in this document. Erwin Chemerinsky in Reconceptualizing federalism (2005) suggests federalism in the 1990’s and the early 21st century is defined by, “both the Supreme Court and Congress … restricting federal authority for the sake of protecting states ' autonomy”. These rules define the scope of authority available to the federal, state, and…

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    Gibbons Vs Ogden Analysis

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    Gibbons since he had the exclusive rights to operate the route. Since the route crossed state lines, Gibbons claimed he had the right to operate on the route pursuant to a 1793 act of Congress regulating coastal commerce. Based on the commerce clause, the Supreme Court overturned the lower court ruling, allowing Gibbons to operate his ferry service on the same route as Ogden. In addition, Alex McBride states: “Gibbons v. Ogden set the stage for future expansion of congressional power over…

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    I have done my study from India and I personally think my parents played an important part in my personal and academic life. Whether it’s their involvement from beginning of my study or help me to come out of personal problems. I have start working with children from January 2013 as volunteer. The first thing came in my mind that How as a practitioner I can encourage parents to involve in their child’s learning and development? Are there any barriers? If there is any then how to eliminate them,…

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    Congressional Legislation

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    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…

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    with the Indian Tribes.” This is otherwise known as the “Dormant Commerce Clause” and it gives the Congress power to regulate interstate commerce, a right that the states should have. It is up to every individual state to decide what goods they let in, not the Congress. They shouldn’t have any power over the interactions of different states or the interactions of states with Native Americans. The Necessary and Proper Clause states that the Congress has the flexibility to make laws or to act…

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    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 is not proper exercise of our Congress’ Commerce Clause.…

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    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 States) Article I, Section 8: Powers of Congress Section 8, Clause…

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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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    GMO Labeling Case Study

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    while another state does not, that 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…

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