Commerce Clause Examples

The Constitution was designed to enforce the regulation of power between the three branches of government. Though there were many clauses stating the powers of the branches of government, it was often unclear of the original intent they were meant to serve. One of these blurred clauses is stated in Article 1, Section 8, Clause 3 of the constitution.

Ogden was brought in front of Chief Justice, John Marshall (New York State Library, “Steamboat Timeline”). He will examine the Commerce Clause of Article 1, section 8 (“McBride, “Landmark Cases”). The clause read that “Congress shall have power to regulate commerce among the several states.” They first examined the word “commerce” which meant more than just articles of interstate trade but also, how the articles will navigate among the states (“McBride, “Landmark Cases”). This is where the U.S. Supreme Court ruled that the Commerce Clause states that the federal government has the power to govern the interstate commerce among several states (“McBride, “Landmark Cases”). The decision invalidated the monopoly that the New York Legislature granted to Livingston, Fulton and especially to Ogden (McBride, “Landmark Cases”). As the result of this ruling, in-state licensing on waterways ended and competition was encouraged. This delighted Vanderbilt. This ruling will later benefit Vanderbilt when he leaves Gibbons to start his own steamboat business n 1829

The arguments made by Federalists and anti-Federalists regarding the office and powers of the presidency during the ratifying debates that followed the drafting of the Constitution in 1787 were persuasive, but distinctly at odds. Both sides, however, sought the same thing, how best to allocate power in a unified republic of states? From this question opposing views developed as to whether or not a President should even exist, and if so, what powers he should be granted. I will briefly examine the presidential powers that were primarily awarded under Article II of the new Constitution. I will then explore the opposing arguments that arose during the ratifying debates concerning those granted powers. I do so in the interest of offering a

The debate over the effectiveness of the Articles of Confederation has been a long lasting one. In order to create a document that would adequately protect the American people and their interests’ the Founding Fathers embarked on a journey to create a document that would address all of the discrepancies found within the Articles of Confederation Therefore, the purpose of this paper is threefold. First, to compare and contrast the Articles of Confederation and the Constitution of 1787. Second, to analyze the drafting of the Constitution. Third, to compare and contrast the debate over ratification of the Constitution between the Federalists and the Anti-Federalists.

The Commerce Clause grants Congress the power “[t]o regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Despite its silence as to the effect of that affirmative power, federal courts have recognized the Framers’ wish to create a unified national market and have found a dormant congressional authority in it. Since the landmark case of Gibbons v. Ogden (1824), that dormant authority has limited state regulations that burden interstate commerce, even in the absence of congressional regulation. Congress has the power only to restrict the scope of permissible state regulation but it does not absolutely preclude states from affecting commerce. "[T]he states retain authority under their police powers to regulate matters of 'legitimate local concern', even though interstate commerce may be affected." A challenged statute is upheld if its effect on interstate commerce is merely incidental. On the other hand, a state regulation that is facially or practically discriminatory will be defeated unless it shows a legitimate local purpose that cannot be accomplished by any less discriminatory alternatives.

Narrow construction is not found in the Constitution, but the powers granted to Congress to regulate commerce are found. Exactly stated, "Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes." This clause has no definite interpretation, but has included many aspects of regulating. The word "commerce" is defined as the exchange or buying and selling of commodities on a large scale involving transportation from place to place (Webster 264). Congress has exercised this delegated power in many cases. The nature and basic guidelines of Congress' power over commerce is first laid out in the case of Gibbons v. Ogden. In addition, the case United States v. Lopez is a

It seems that since the beginning of history the actions of the government have always been criticized, especially in the sense of public spending. In the case of the Louisiana Purchase many political figures at the time it was created, as well as historians argue whether or not it was in fact a violation of the Constitution or not. This debate is still ongoing, but in order to analyze whether the Louisiana Purchase was unconstitutional or not, one must analyze the sequence of events leading to the acquisition of the territory by the United States.

Also in Article I, Section 8, of the Constitution the commerce clause is stated. In the expressed powers, it says that Congress can ‘regulate Commerce with foreign nations, and among the several states, and with Indian Tribes.’According to the article on Cornell Law School, the actual word “ commerce” is not clarified anywhere in the Constitution so this clause can also be manipulated depending on the

This book emphasizes the alternative interpretations offered by Americans on the origins of the Constitution. Holton’s purpose with this book was to show that the framers interests involved making America more attractive to investors. In order to do so, they purposefully made the government less democratic with the writing of the Constitution. However, with the addition of the Bill of Rights, one could argue the Framers had at least a slight concern for the American people and their civil liberties.

In Article 1, section 8 the Constitution states that Congress has the authority “…to make all laws which shall be necessary and proper for carrying into execution the forgoing powers”. These powers are considered “implied” since they are assumed to be true without being specifically stated. The phrases “Necessary and Proper Clause” and “Elastic Clause” indicate a stretch in the government powers because it allows Congress to expand its right to meet new needs. The concept of implied powers has always been viewed as controversial thus, raising many questions and debates. For example, a famous court case, McCulloch vs. Maryland, was centered on the implied rights of Congress. The question that emerged was whether or not Congress can establish a national bank, and if it did, does Maryland have the authority to tax it. From the creation of the Constitution until this day the topic of implied powers raises as a reoccurring dispute. The concept is open to wide interpretation which created a division between loose constructionists and strict constructionists of the

The Commerce Clause is an enumerated power listed in the Constitution in Article 1, Section 8, and Clause 3. The Clause states that the United States Congress shall power, “To regulate Commerce with Foreign Nations, and among the several States, and with the Indian Tribes.” The Commerce Clause represents one of the most fundamental powers delegated to Congress. The 5th Circuit Court of Appeals agreed with Lopez and reversed his conviction, holding that, “Section 922, in the full reach of its terms, is invalid as beyond the power of Congress under the Commerce Clause” (Source 1.)

The Commerce Clause in Article 1, Section 8 states that Congress has the power to regulate interstate commerce itself as well as the power to regulate local commerce if that local commerce has a substantial economic effect on interstate commerce. When Congress regulates an intrastate activity, there is a test that is used by the Supreme Court that determines whether Congress actually has the right to regulate this intrastate activity with some sort of economic effect. The Commerce Clause test is one that also goes on to explain that it is not just about one instance where if there is a substantial economic effect on interstate commerce, but as a whole having a substantial economic effect. Also, if the activity does deal with interstate commerce that has an economic effect, then Congress has the ability to regulate wages and any other instance of activity which includes all workers even if the workers do not produce the commerce. Section 1001 of the PSA states Congress’ intention to “establish a nationwide program to protect the public from the adverse effects of tainted and contaminated pharmaceutical products.” Section 5001 of the PSA establishes licensing and pharmaceutical production education requirements for “individuals employed by any pharmaceutical producer” and sets maximum hours such individuals can work. One could then argue that the Supreme Court is allowed to say that Section 5001 of the PSA is within Congress’ power to set maximum hours and make people

The United States government system is very interesting and complexly designed. The state and federal government is a mirror of each other when it comes to the generics of the executive branch, legislative branch, and judicial branch, however, internally the state government has major differences on how the branches are conducted. Throughout this paper we will discuss the greatest difference between state and federal, which is the state cannot change or remove laws passed by the federal government but they could change how they execute the federal laws to their liking as long as it is constitutional.

Certain interests do not change over time in our society. Over 200 years ago, the prominent concern that led to the framing of the Constitution regarded the establishment of a government that was “for the people and by the people.” The framers of the Constitution, with concern of an over powering central government in mind, provided a basis for the structure of the federal government of the United States. The powers of the legislative, executive, and judicial branches of government are laid out strategically in a way that no one branch can have more power than the other. The national concern of maintaining a legitimate government has not shifted since the initial days of the framers. Although the capacity of the government has grown over time, the system of checks and balances that was adapted in the framing of the Constitution allows for the structure and powers of the federal government to remain in order today. Other than providing a structural map for how the government will operate, however, the additional aspects of the Constitution fail to administer practical framework for addressing 21st century interests. This document was written over 200 years ago and it has not been altered substantially since then (Lazare). While certain Amendments have been added to assist the Constitution in staying relevant, such as the abolishment of slavery and the addition of women’s right to vote, there has been practically nothing added to help in applying the framers’ intentions

Throughout the history of this nation, the Constitution, from the formation to the execution thereof, has set forth the precedent for the demonstration of excessive federal power that is clearly illustrated by history and modern America. Sufficient documentation to back up this premise includes primary documents such as James Madison’s Federalist No. 10, the Constitution of the United States, and other historical pieces. Ample consideration should be given to the paramount decisions of America’s elected officials in critical moments as well in the very construction of the American system of government that favors federalism.