Dormant Commerce Clause

Discuss the differences between substantive law, procedural law, criminal law, civil law, common law, and statutory law. Provide examples of each law and discuss what U.S. Constitution amendments were implemented to protect the rights of businesses and organizations. Discuss the topics you are comfortable with, the topics you struggled with, and how the weekly topics relate to application in your field. Common law has roots in the English system of law, it developed in England following the Norman

1. Explain the tension between the establishment clause and the free exercise clause of the First amendment. Support your explanation with at least one example. First we must understand the purpose of each of these clauses of the First Amendment. A common misunderstanding of the Establishment Clause is that it safeguards individual rights. In reality the purpose of the Establishment Clause is to limit the government’s power in respect to legislating on matters that deals with "respecting an establishment

the government being unable to adapt to change (Patterson 78). Thus, the implied powers are stated in the Constitution under Article I, Section 8, Clause 18 better known as the Necessary and Proper Clause, and gives Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” This clause allows Congress to adapt to change and implement laws which are necessary given the time. The remaining powers are then given to the states by the

Stream of Interstate Commerce A deduction is allowed from the gross receipts tax for receipts from transactions in interstate commerce if the imposition of the tax would be unlawful under the Constitution. Presumably, to the extent that taxation of receipts derived from transactions in foreign commerce would violate the Constitution, one may conclude that New Mexico could not impose its gross receipts tax. The deduction for receipts derived from transactions in interstate commerce has been a part of

federal district are all under one title: The United States of America. As a republic, the United States national government does not contain all of the power. The national government’s divine authority is evident in the establishment of the Supremacy Clause: the Constitution, federal laws and treaties are “the supreme law of the land.” In addition, Amendment X states that the public policies that are not delegated specifically in the Constitution are reserved powers given to the states. In dual federalism

within the confines of the Due Process Clause, the Supreme Court said that the “simple but controlling question is whether the state has given anything for which it can ask in return.” Applying the same ideas, the Supreme Court stated that the power of a state to impose use tax collection-obligations and liability upon a remote seller could be proper in a variety of circumstances. However, the Court found that a state may not impose a duty of tax collection onto a seller whose only connection

power to oversee matters involving commerce with “foreign Nations and between the several States” while vesting authority to the states to regulate intrastate commerce (U.S. Const. art. I, § 8, cl. 3). While the Commerce Clause of the Constitution provides Congress with such federal authority, it does not explicitly provide a meaning or description of the words “interstate commerce.” Conflicts concerning what actions and activities constitute interstate commerce and the perceived limitations on Congress

of interstate commerce. Secondly, Congress has the authority to regulate and protect the instrumentalities of interstate commerce and persons or things in interstate commerce. Thirdly, Congress has the power to regulate activities that substantially affect interstate commerce. However, the last step is at interest regarding this topic because it draws attention towards the participation/non-participation about the Affordable Care Act that could potentially affect interstate commerce. This is concerning

constitutional. The basis for its disapproval is in regards to how Obama and the federal government misuse the commerce clause, Article 1 Section 8 of the constitution, as a basis for constitutionality. According to Joe Wolverton, the commerce clause acts as a grant of authority to Congress to “regulate commerce with foreign nations, and among the several states.” Using the commerce clause to allow for the passage of the act shows that “legislative nor executive branch of the national government is

“Individual Mandate” a provision of the Patient Protection and Affordable Care Act of 2010. 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