Grandfather clause

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…

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 explain…

opposition of the legality of the state of Colorado’s legalization of recreational marijuana. The constitutionality of Congress being able to regulate recreational marijuana under the Controlled Substance Act 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.…

regulate that activity. The Affectation Doctrine apply to restaurants and business refusing to serve people of color and it is also applied to the segregation in interstate bus terminals. As it is stated in the Constitution, based on the Commerce Clause, the Congress has power to regulate interstate commerce. With the Affectation Doctrine, it takes local activity and changes it into interstate activity, thus making it regulated by Congress. This is because if the intrastate activity affects…

in preparation for this day people make family traditions on who gets to put the star on top of the tree to Christmas caroling. It’s a day that every kid waits up all night trying to hold back from closing her eyes to catch a glimpse of the Santa Clause. The waking up and ignoring the cold floor as walking across in a blanket still wearing pajamas and the whiff of pine clarifying its Christmas. People look forward to Christmas as an opportunity for a religious purpose and to come together on…

Mandate. In the opinion of the court, Justice Roberts wrote that “the commerce power… does not authorize the mandate”. However, the case did not stop there. Justice Roberts goes on to say “[t]hat is not the end of the matter. Because the Commerce Clause does not support the individual mandate, it is necessary to turn to the Government’s second argument: that the mandate may be upheld as within Congress’s enumerated power to ‘lay and collect Taxes.’ Art. I, §8, cl. 1.” The court ended up…

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…

substantial burden large number of school shootings has on interstate commerce. Additionally, people are not “subjects to commerce” (New York v. Miln 1837, p.227). Moreover, as stated in National Federation of Independent Business v. Sebelius, the commerce clause “authorises congress to regulate interstate commerce not to order individuals to engage in it” (National Federation of Independent Business v. Sebelius, p.283). At the same time, this legislation violates the constitution by threatening…

deals with the specifics of commerce, mostly with commerce “among the states.” With the commerce clause being viewed from many different perspectives over time, it has given great importance to the meaning of our laws and regulations that we have set today. These three cases alone along with the Obamacare act, have affected the way interstate commerce is viewed. The most commonly used commerce clause in Article 1, Section 8, of the Constitution, is the cause of the “power to regulate…

The second rhetorical strategy I will be talking about in this paragraph is that of Sentence Structure. Sentence Structure is the plainly, the order of your word in the sentence. The order that you select will have an impact on what is emphasized and what is minimized. Not only does the structure matter, but the length of the sentence can also have an effect on what is emphasized as well. Generally the longer the sentence, the greater the chance to bury a detail that you do not wish to highlight…