StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The Commerce Clause - Case Study Example

Cite this document
Summary
In several instances, the states have their independent bylaws governing their operations independent of other states. However, the US as a nation has…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.4% of users find it useful
The Commerce Clause
Read Text Preview

Extract of sample "The Commerce Clause"

The Commerce Clause Every in America operates autonomously with their government systems not entirely answerable to the federal government. In several instances, the states have their independent bylaws governing their operations independent of other states. However, the US as a nation has constitutional provisions that regulate socio-economic, political, and legal perspectives of its states. Furthermore, in several instances, states enact laws in line with the national constitution; some of the laws, however, conflict sharply with the provisions of the constitution.

Georgia is no difference from other states pursuing conflicting laws to those of the federal government. The state’s statute establishes that all trucks and trailers that are entering and operating within the state’s soil and roads must have contoured rear-fender mudguards and explicitly illegalizes trucks and trailers using straight mudguards. In so doing, the Georgian state government deliberately barred and interfered with trade and commerce across states by enacting a law legalizing unstandardized truck mudguards.

The state contravened Artic 1, Section 8 of the American constitution that gave congress authority to regulate commerce and trade with foreign nations and between states (TA 102). When Georgia singles itself out to have its legal recommendation for trucks and trailers’ mudguards, it becomes as situation of business and commerce seclusion from other states.Georgia also contravened the legal tradition established and held by the Supreme Court in 1824 that the American government possesses the legal authority to regulate commerce if other states are substantially affected, as well.

Georgia sought to single itself out at the expense of other states. However, there was a possibility of the impacts rebound back to t in 1824, that and trailers unstandardized 0000000000000000000000000000000Georgia in the case of trade and commercial excommunication and alienation. Work CitedTA, Richard. Professional Business Law Essays. New York, NY: Richard TA, 2014. Print.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Commerce Clause Case Study Example | Topics and Well Written Essays - 250 words”, n.d.)
The Commerce Clause Case Study Example | Topics and Well Written Essays - 250 words. Retrieved from https://studentshare.org/law/1659095-the-commerce-clause
(The Commerce Clause Case Study Example | Topics and Well Written Essays - 250 Words)
The Commerce Clause Case Study Example | Topics and Well Written Essays - 250 Words. https://studentshare.org/law/1659095-the-commerce-clause.
“The Commerce Clause Case Study Example | Topics and Well Written Essays - 250 Words”, n.d. https://studentshare.org/law/1659095-the-commerce-clause.
  • Cited: 0 times

CHECK THESE SAMPLES OF The Commerce Clause

The Tenth Amendment acts as a limit on Congressional powers

The federal government, the Court stated, could not regulate and determine punishment for gun possession in school zones, due to The Commerce Clause and the Tenth Amendment.... Other rulings and legislation have used The Commerce Clause of the Constitution (Article I, Section 8, Clause 3) to bypass the authority of the Tenth Amendment (Hall 1992).... The Commerce Clause, as part of the Constitution's enumerated powers, is defined as the ability of Congress to regulate and protect aspects of interstate commerce....
2 Pages (500 words) Essay

Original need for the Commerce Clause

The Commerce Clause is a power listed in the US constitution describing the powers of the federal government to regulate commerce between the US and foreign countries, among the several States and trade with Indian tribes.... The Commerce Clause draws its meaning and original… Johnson (2004) states that the original debates over the adoption of the constitution, termed as ‘regulation of commerce' was almost purely as a cover of words for particular mercantilist proposals that were related to foreign Original need for The Commerce Clause The Commerce Clause is a power listed in the US constitution describing the powers of the federal government to regulate commerce between the US and foreign countries, among the several States and trade with Indian tribes....
1 Pages (250 words) Research Paper

Early interpretation of the commerce clause

The Commerce Clause raises three major questions that can be satisfactorily answered by having a proper interpretation of the clause.... Early Interpretation of The Commerce Clause The Commerce Clause raises three major questions that can be satisfactorily answered by having a proper interpretation of the clause.... “The Original Meaning of The Commerce Clause.... “Rethinking The Commerce Clause: Applying First Principles to Uphold Federal Commercial Regulations but Preserve State Control over Social Issues, 85 Iowa Law Review 1 p 23-39....
1 Pages (250 words) Essay

The current extended interpretation of the Commerce Clause

What are the proper functions and powers of the respective state and federal governments under the commerce… What weight should original intent, current values or modern conditions of trade have in construing The Commerce Clause? During the constituting era, the implication of a word in any legal document was postulated to be its ordinary, conventional meaning (Branch, 1753; Interpretations of The Commerce Clause Interpretations of The Commerce Clause The Commerce Clause raises several interpretive and normative questions....
1 Pages (250 words) Research Paper

Constitution The Mandate that Individuals buy Health Insurance

The central issue relates to The Commerce Clause.... Congress argues that The Commerce Clause empowers it to compel private citizens not currently involved in commercial activity, to buy insurance from private dealers or pay a penalty to the national government.... However, the Congress has no powers through The Commerce Clause to enact laws imposing such penalty (The Editors, 2010, p.... Led by Bill McCollum and Kenneth Cuccinelli, the 13 state attorneys held that the s lacked the authority under the Constitution's commerce clause to force Americans to buy health insurance or pay a penalty for the failure (Rourke, 2012, p....
5 Pages (1250 words) Research Paper

Collision Insurance Requirement and Traffic Safety Act in Gonzalez vs. Raich's case

hellip; The paper tells that in case the courts rule that Congress is unable to enact the requirement for individuals to buy collision insurance using The Commerce Clause, especially if they find that this power is not supported by The Commerce Clause, this latter argument will be crucial in proving that, Congress will be seeking to impose taxes on those who chose not buy insurance is reasonable.... It is possible to argue that, under The Commerce Clause, Congress can regulate those activities that will significantly impact on interstate commerce by contending that the motor insurance market is a significant player in the national US economy....
3 Pages (750 words) Essay

Commercial Clause and its Effect on Business

The Commerce Clause is regarded as major legal bedrock in the regulation of commercial activities especially those involving dealings with foreign countries.... Filburn, the original understanding or rather the interpretation of The Commerce Clause was elaborated by the Supreme Court to include intrastate commercial/economic activities.... Admittedly, "commerce clause" contained in section 8 of the Article 1 of the U.... This essay "Commercial clause and its Effect on Business" dwells on the origin of the "Commercial clause"....
3 Pages (750 words) Essay

The Commerce Clause of the United States

The Commerce Clause of the United States constitution article 1, Section 8, Clouse 3 does give the power over the regulation of commerce among several states, with foreign nations as well as with Indian communities to the congress.... Commentators and courts tend to argue the three commerce areas to be distinct The Commerce Clause The Commerce Clause of the United s constitution article Section 8, Clouse 3 doesgive the power over the regulation of commerce among several states, with foreign nations as well as with Indian communities to the congress....
1 Pages (250 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us