Nobody downloaded yet

The Federal Government's Power through Application of the Commerce Clause - Research Paper Example

Comments (0) Cite this document
The Federal Governments Power In The Application Of The Commerce Clause Name Instructor Task Date Abstract The United States constitution is the most fundamental law for the people of the United States. The constitution is the piece of legislation that lays down the functions of the government…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.9% of users find it useful
The Federal Governments Power through Application of the Commerce Clause
Read TextPreview

Extract of sample "The Federal Government's Power through Application of the Commerce Clause"

Download file to see previous pages The constitution however, does not provide an outright explanation for the term commerce. What then can be said to constitute commerce? Over the years commerce has been defined to mean the buying and selling of goods across states, this is known as interstate commerce and within states, which is known as intrastate commerce (Barnett, 2001). In Carter vs. Carter Coal Company1, the Supreme Court defined commerce as intercourse with the main reason of trade. Acts that fall within the concept of commerce are those acts that have a substantial effect to the exchange of goods within and across states. As seen under the commerce clause the federal government has the power to regulate commerce. What does it mean to regulate commerce? Regulating commerce according to Chief Justice Marshall regarding the case of Gibbons .v. Ogden2 means having the power to control the manner in which commerce is to be governed. Chief Justice Melville Fuller also gave a similar definition by stating regulation of commerce to mean the authority to prescribe the set of rules outlining the way the governing of commerce should take place. The federal government is formed out of a union between states and the sovereign power and this power is divided is therefore split between the national government and the various states (Bork & Troy, 2002). Discussion The original need for the commerce clause was mainly to discourage rivalry between those states that had a commercial advantage and those that did not have a commercial advantage. This difference in commercial advantage of states was brought due to the proximity to the harbor. Those states that were close to the harbor had a commercial advantage than those that were not. The commerce clause was initially meant to ensure that United States of America was a place where trade could take place freely without states having to bring up barriers against each other (Forte, 2011) therefore giving rise to rivalry. Originally, the term to regulate was interpreted as making something regular. This clause was intended to make all the states regular by promoting activities that would encourage free trade across and within states and also to oversee any interference in interstate commerce. Federal power was intended to operate activities that fell within the scope of commerce but the courts kept quiet even when the federal government continued to see the general extension of the commerce clause. A good example is the case of Kidd vs. Pearson3 the court recognized the broad powers of the congress under the commerce clause over the sale of good in interstate commerce. The commerce clause was dormant over the years until the courts started making decisions that differentiated commerce and production (Bork & Troy, 2002) as seen in the case of Carter vs. Carter Coal Company4 the Supreme Court defined commerce as the intercourse with the main purpose of trade. The turning point of courts decisions came in with the landmark case of US vs. Lopez5 the attempt of the federal government to regulate activities that are not commercial was struck down in a ruling. The court stated that the power of the congress under the commerce clause is limited to only commerce and the power to regulate the carrying of guns was not commercial ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“The Federal Government's Power through Application of the Commerce Research Paper”, n.d.)
The Federal Government's Power through Application of the Commerce Research Paper. Retrieved from
(The Federal Government'S Power through Application of the Commerce Research Paper)
The Federal Government'S Power through Application of the Commerce Research Paper.
“The Federal Government'S Power through Application of the Commerce Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Federal Government's Power through Application of the Commerce Clause

Federal Government Housing Policies

...assistance plans involve the comparatively flexible grants for the state as well as the local governments. This is done so as to assist the homeless people, build up reasonably priced housing and offer support to the first-time buyers. This was also done to encourage community development as well as more planned, direct support programs that would assist in providing low-priced apartments and even rental vouchers to the deprived families, managed through quasi-public, local public and the private intermediaries (McCarty & Et. Al., “Overview of Federal Housing Assistance Programs and Policy”). The main objective of the paper is to analyze the housing policies adopted by the...
6 Pages(1500 words)Term Paper

E-Commerce Application Development

..., handling and delivery. Majority of businesses have a storefront model. The Pharmaceutical Extranet Gateway (PEG) is an initiative led by the pharmaceutical industry, in Australia, to reduce the costs in managing pharmaceutical supplies. The Internet-based facility is a perfect B2B example that aims to lower transport cost and improve the efficiency of the supply chain. Provide an overview of different options for payment systems. Outline the main issues and justify which option(s) you would choose for your e-commerce application. Online transactions have revolutionised the world of business and have made business transactions much easy. However, a transaction is not a one-way thing...
9 Pages(2250 words)Assignment

E-Commerce Application Development

...E-Commerce Application Development Table of Contents Table of Contents 2 Introduction 3 2- Contemporary E-Commerce Models 4 3- Online payment systems 6 4- Promoting or marketing e-commerce 8 5- Security threats and precautions 10 In this section I will outline some online business security threats and precautions we can take regarding better online business management. First of all, I will outline few problems that are related to the e-payment system. I will try to elaborate these problems in scenario of different online transaction. Having an online deal also requires the online payment. In pervious few years this concern has turned out to be great confront for the...
8 Pages(2000 words)Essay

Original need for the Commerce Clause

...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 intend/need from the preceding mercantilist tradition. 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...
1 Pages(250 words)Research Paper

Early interpretation of the commerce clause

...of the term among several states was commerce that occurred between the various US states, and other foreign nations/states. Early interpretations of the phrase ‘to regulate” was to adjust commerce by rule or method. It was also taken to mean, to make regular. The phrase gave the Congress the power to state how commerce activities were to be conducted among states and between US and foreign nations. However, it excluded the power to prohibit. References Barnett, R. (2001). “The Original Meaning of the Commerce Clause. “ University of Chicago Law Review. (101) pp 1-20. Grant, N. and Pushaw, R. (1999). “Rethinking the...
1 Pages(250 words)Essay


...Current Federal Government Initiatives Digitalization of healthcare records aims to create health information exchange within the United States using several Federal initiatives. A Regional Health Information Network can be defined as a group of stakeholders interested in improving quality, safety access, and efficiency through the use of health information technology (Thielst). Creating an efficient system involves bringing together competitors and the number one obstacle in creating a regional health information network is the actual cost of the development, lack of organizational leadership, lack of clinical nomenclature and data security concerns. Three existing...
4 Pages(1000 words)Essay

Reasons Why Federal Government Surpassed State Power

...Reasons why federal government surpassed power There are reserved powers in the US constitution, which are denied tothe national government, but are reserved to the state or to the people (Jillson 25). Local governments are therefore created and regulated by the states, because of the reserved powers of the states: the police power, provision of services to citizens and creation and control of local governments. Police power however, is everywhere in the state, and to the extent that it substantially has substantial link to how the local or national...
1 Pages(250 words)Essay

Federal Government

...Federal Government The events that led to a change in perception of the Federal Government between 1933 to 1938 cannot be mentioned without reflecting on the happenings of late 1920’s and early 1930’s when the great depression struck various economies of the world. In as much as the effects were not felt across some regions, other notable areas had to endure extremely difficult situations. In the United States, for example, 25% of all workers and 37% of all non-farm workers had lost their jobs by 1933. Before 1933, people held the perception that the Federal Government with the help of some of its...
1 Pages(250 words)Essay

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...
1 Pages(250 words)Case Study

New Federalism in USA

...s New Federalism in the United s of America Introduction In the United s, federalism is a termused to indicate the relationship between the state government and the United States federal governments. After the founding of America, there was a shift of power from the states towards the national government. Today federalism has gone through other phases such as the new federalism that is of concern to this paper. The new federalism movement appeared in America in the late 20th Century and early 21st...
4 Pages(1000 words)Research Paper
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.

Let us find you another Research Paper on topic The Federal Government's Power through Application of the Commerce Clause for FREE!

Contact Us