Commerce Clause Examples

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 Bill of Right’s that the United States has was written years before the U.S. was even a young nation. Some of the wording, and the basic architecture was pulled from two other counties, mainly France, and England. (history.com, 2016) from each of these countries our founding fathers had figured out what they needed to make this country thrive, and disperse the control of the government over different branches. (history.com, 2016) As well as giving certain rights to the people who were to live in this country. (history.com, 2016) This paper will give a look into the first few amendments of the Bills. It will also take a look into the states roles, when it is passed down from the rights that the federal government has reserved. I will be covering the topics listed below.

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.

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.

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

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

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

Since the days of the French philosopher Baron de Montesquieu introducing the Tripartite system, the political doctrine of Separation of Powers has been a fundamental component of the United States Government. The division of federal duties within the nation is essential in order to dissolve concentrations of power within the government, furthermore avoiding tyranny. This dogma is analyzed within Linda R. Monk’s book The Words We Live By: Your Annotated Guide to the Constitution, which provides readers an in depth analysis of the Constitution and amendments, via former and current day examples.

The Commercial Clause was authorized to forestall different states in the US from setting up laws and controls that would meddle with the trade and exchange among states, the Constitution has explicitly delegate to the national government the order and energy to direct the interstate business. In Article 1, Section 8, the United States Constitution allows the Congress to direct exchange and Commerce amongst US and remote countries, and among various states in the U.S, and with the Indian Tribes. The business proviso has mostly affected the business than some other condition in the Constitution.

Federalism is a system of government where the national government shares power with equally sovereign regional governments. The commerce clause allows the National government to regulate commerce international and interstate. This allows the government to keep control and manipulate laws into their favor. In the other hand, the sovereign states gain power and remain sovereign through the tenth amendment. This amendment gave the states all powers not delegated to the federal government. States have powers to make laws about schools, marriage, safety y, and health. In 1824, the case of Gibbons V. Ogden came to the Supreme Court. The court case pertained to fact that Robert Fulton was granted a monopoly for steamboats on the Hudson River.

One of the many powers given to Congress by the Constitution is the Commerce Clause. This clause allows Congress to regulate commerce between foreign nations, states, and Indian tribes. The authority laid out authorizes Congress to pass laws that ultimately regulate activities of states and citizens and free the restraints of states who feel otherwise. Throughout the history of the United States, the Commerce Clause has caused controversy over the extent that Congress can justify the use of this clause to pass laws. The Supreme Court has been relied on to determine the constitutionality of the laws and settle the controversies. One of these controversies lies within the Supreme Court case of United States v. Lopez.

This case determines whether or not the Ordinance 02-02 of Polishtown violates the Dormant Commerce Clause by discriminating against interstate franchise companies, and whether the burden of interstate business outweighs local benefit. After hearing the Petitioner and Defendant briefs I voted to affirm the appellate court’s decision that ordinance in question violates the Dormant Commerce Clause and therefore is rendered invalid. My decision stems from three factors: 1) the ordinance is in direct contradiction of the Dormant Commerce Clause by establishing regulations that aim to directly discriminate interstate franchise corporations. 2) Polishtown does not adequately provide legitimate purpose to justify these discriminatory regulations.

Furthermore, I will look at the historical precedents of executive orders starting with George Washington. Next, I will present various court cases that were the direct result of a president’s executive order. Then once my analysis of the cases are finished, I will consider both positive and negative aspects and implications of the president’s executive order power in which I’ll touch upon the effects of prohibiting or permitting the use of executive orders. Lastly I will assert that the presidential executive order does carry the full weight of the law and is legally binding as long as it is backed by constitutional provisions.

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.

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