Dormant Commerce Clause

Child Labor Laws In The 1800's Child Labor, once known as the practice of employing young children in factories, now it's used as a term for the employment of minors in general, especially in work that would interfere with their education or endanger their health. Throughout history and in all cultures children would work in the fields with their parents, or in the marketplace and young girls in the home until they were old enough to perform simple tasks. The use of child labor was not a problem

mandate within its borders. The state wishes for the court to find the mandate for it surpasses the limits of the commerce clause and the necessary and proper clause. The state also proposes that requiring the citizens that exist within its boundaries to purchase a good or service from a private vendor is out of the realm of congressional powers allotted by the commerce clause. The clause gives congress the power to regulate economic activity. However, ones refusal would constitute inactivity. Congress

the federal level, 18 U.S.C. § 875(c) makes cyber stalking and harassment a federal crime, punishable by up to five years in prison and/or a $250,000 fine. The federal statue said it’s unlawful to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another. Additionally, Section 875(c) prohibits the actual transmission of a threat. In 2011, Illinois statue (720 ILCS 5/12-7.3) defined stalking as: “person commits stalking when he or she knowingly engages

The original writers of the Constitution had to have noticed the overlap in enumerated powers. Having only the Commerce Clause or only the Tenth Amendment would not harbor the best outcomes. Both are entirely necessary and exist to limit each other. Discretion is the deciding factor for determining which power trumps the other. In McColloch v. Maryland, for example, a state tax on the U.S. Bank would cause negative externalities against all citizens of other states. This is not in the best interest

states that “Congress shall have power to regulate commerce with foreign nations, among the several states, and with the Indian Tribes” (Epstein, et. al., 2017). “Congress can regulate the channels of interstate commerce and has the authority to regulate and protect the instrumentalities of interstate commerce, and persons or things in interstate commerce. Congress has the power to regulate activities that substantially affect interstate commerce” (Epstein, et. al., 2017). The hypothetical case of

However, as a side note, Justice David H. Souter, the dissenting justice, stated that VAWA contained a "mountain of data assembled by Congress...showing the effects of violence against women on interstate commerce.” The Supreme Court reiterated that the Federal government had no right to dabble in the private sphere because it did not affect national interest. It became quickly evident that there was a looming fear of Federalism among the majority. To reinforce

change from the 1700’s to the 2000’s. Like our way of dressing, transportation, and even speaking. They knew that the United States of America would not stay the same, and therefore created the elastic clause which allowed them to have a loose interpretation of the Constitution. The elastic clause is found in the Constitution under

Malayshia Green Constitutional Law Case Brief #2 Team 2 Facts: The Child Labor Act of 1916, prohibited shipment of goods in interstate commerce factories that employed children; under the age of fourteen. Roland Dagenhart and his two minor sons worked at the mill in Charlotte, North Carolina. Dagenhart brought an injunction against the Act, claiming that it was not a regulation of interstate and that the law was unconstitutional. . (The Oyez Project) Procedural History: The North Carolina district

Oliver Ellsworth, an important American lawyer and politician that lived during the first American Independence day, states his opinion on a new American Congress, “The powers of congress must be defined, but their means must be adequate to the purposes of their constitution. It is possible there may be abuses and misapplications; still, it is better to hazard something than to hazard at all”. In the original United States Constitution, the Framers wanted to make three different and equal branches

act of Congress. According to Chief Justice Marshall, since interstate commerce includes navigation through a generally accepted understanding of the word “commerce”, the act of Congress was constitutional. To quote Chief Justice Marshall, he also argued that “Commerce… is intercourse. It describes the commercial intercourse between nations, and parts of nations… The mind can scarcely conceive a system for regulating commerce… which shall exclude all laws concerning navigation…” . United States