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Unit #2 - Research Paper Example

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The supremacy clause is a special clause in the constitution of the United States that establishes the country’s constitution, the country’s treaties and statues as the supreme law in the land. The special clause provides a solution for successive legal battles by stating…
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Unit #2
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Additionally, the clause influences the development of constitutions and laws for the successive devolved systems and units of government (Halbrook, 1998). Such units should not therefore enact laws that conflict with the federal constitutions. The provision of the clause and its influence in the operation of the judiciary, justifies the decision of the jury in the Bruesewitz v. Wyeth LLC case. The decision by the jurists sought to uphold the dictates of the clause owing to the fact that the clause serves a pivotal role in sustaining the unity of the states.

While the parties had fundamental concerns arising from the conflict between them, the provisions of the clause settles the case thereby dispelling the application of the federal laws whenever the two conflict. The unity of the country is vital for the development of the nation. The clause therefore influenced the decision of the jurist in their judgment. The commerce clause provides the congress with the power to regulate commerce among several states, with foreign nations and with the Indian tribes.

The contentious clause continues to operate thereby providing the congress with unparalleled power to regulate and determine the operations of international trade in the country. The clause states that the congress takes control of trade among states. This implies that the congress must oversee and sanction any business that exists between states. The law therefore provides the congress with power over the state governments since it must oversee any business existing between states. As the clause states, the government has the right to control specific commercial activities within the states.

The interpretation of the constitution and the clause is definite. The government can only control a commercial activity involving two or more states. A commercial undertaking that exists between two or more involves more citizens. State constitutions

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