Dormant Commerce Clause

Jenny Bello Brenden Higashi Political Science 300: The American Constitution 12/01/2016 Marijuana Throughout the history of the republic, there has been controversy between state and federal power. The state and federal power has been an ongoing dilemma regarding the separation of powers since the beginning of the constitution. An issue was brought to the Supreme Court of the United States (SCOTOS) that could change the future of upcoming court cases. There has been question whether the Constitution

the Virginia fee structure for waste facilities, and the jurisdiction of the suit brought in NY by Donald Developer. We turn to question the legal validity of the EPA order, the constitutionality of the waste disposal fee structure under the commerce clause, and the grounds for which Betty’s motion to dismiss the case for lack of jurisdiction stand. Betty does not believe that the federal government should be able to tell her what she can and cannot do with her property. Since the property has been

For most people that do not work in the legal world, the topic of law can be a dark unknown labyrinth that makes even the most intelligent individuals feel overwhelmed by the many facets that make up our system of law. Although criminal law and civil law are separate sets of legislation and punishments, they can both be entwined to deliver justice when needed; such as the case with Andrew Fastow, the Enron CFO who was indicted on 78 counts of criminal and civil wrongdoing. ("Enron Fraud," 2017

from Washington have a claim under the Dormant Commerce Clause Rule Regulation of commerce is allowed if it pursues a legitimate end, rationally related to that end if it doesnt disrupt interstate commerce. Analysis Given the provided information, the city of Fresberg is trying to boost the productivity of the granite industry within its city limits. This is in good intention with the citys economy in mind but it fails to notice that it affects interstate commerce. The Washington contractor and those

violated the Commerce Clause of the United States Constitution. In reaching this 5-4 Supreme Court decision, Chief Justice Rehnquist, in concurrence with Justices O’Connor, Scalia, Kennedy, and Thomas wrote the majority opinion, correctly determining that Congress lacked authority to pass this law as, even if replicated throughout schools across the United States, the carrying of a gun to school was not a sufficient economic activity that would substantially affect interstate commerce. Contrarily

“Individual Mandate” provision of the 2010 Patient Protection and Affordable Care Act. Maria Colon-Jones Liberty University PPOL 501 May 9, 2016 Public policy is a system of laws, regulatory measures, a course of action by which a government maintains order or addresses the needs of its citizens through actions defined by its constitution. The Patient Protection Affordable Care Act is a great example of the power vested in the government to establish laws that will assist in health

California in 1996, and the Controlled Substances Act (CSA), passed by Congress in 1970. Does the CSA, a policy which permits the regulation of certain drugs and chemicals by the Drug Enforcement Agency (DEA), exceed the regulations set under the Commerce Clause of the Constitution? Does the Compassionate Use Act, which allows for the use of medical marijuana in California, protect citizen’s rights to use and distribute marijuana for medicinal purposes? The decision made by the Supreme Court would spark

Paper #47. In the case at bar, there are four questions that must be answered: (1) Does this case deal with a non-justiciable issue? (2) Does the Commerce Clause give congress authority over immigration policy? (3) Does Congress ' power to establish a uniform rule of naturalization give it authority over immigration? And (4) Does the “Take Care” Clause allow the president to change US immigration despite the previously mentioned congressional powers? At the end of this argument, I hope your honors

the rights to make their own laws, all while still recognizing the national government as superior. Explain what the privileges and immunities clause is. The privileges and immunities clause states that other states have no right to discriminate against another state and its residents. This gives residents that relish in the privileges and immunities clause in their state, the right to have indistinguishable treatment in other states. Additionally, a state must not give their residents any special

Constitution's “Foreign Commerce Clause”, located in Article 1, to support their argument that Congress has been granted power over migration. According to Ilya Somin, a law professor at George Mason University, the clause supposedly gives Congress control over migration and border policies. Despite this supposition, the “Foreign Commerce Clause” is merely the realization of its name: it only grants Congress power over commerce between foreign entities. The term commerce implies economic transactions