Free

The Commerce Clause - Case Study Example

Comments (0) 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 paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.7% of users find it useful
The Commerce Clause
Read TextPreview

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 Cited
TA, 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
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Commerce Clause

Commerce Clause WIckard v. Filburn and Affordable Care Act

...Task Commerce Clause Wickard Filburn and Affordable Care Act Introduction We do not need another book for the constitutional revolution of the 1930s. The history of that happening has been invested a couple of times from different perspectives, and there is so much that is universally agreed that it is unlikely that new things and ideas will emerge. Fortunately, it seems that the least we can expect for some minimal disparity on the following reasons: After the elapse of approximately sixty years of constitutional reading so as to defend private belongings, the market economy and the regime, the ultimate court suddenly altered its decision in 1937, neglecting guide and giving the central government a...
10 Pages(2500 words)Term Paper

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

...? The Federal Governments Power In The Application Of The Commerce Clause Task The United s 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. The constitution sets down the limits and extent of powers while on the other hand it also distributes these powers (Big Tent Democrat, 2011). Introduction The commerce clause is entrenched in the United States Constitution under Article 1; Section 8 Clause 3 of the constitution, which states that the congress among several other powers conferred upon it by the constitution, will have the power to...
4 Pages(1000 words)Research Paper

Exclusion clause

...The ways an exclusion clause could enter into a contractual agreement General overview Contracts are essential documents for all commercial relationship between two or more parties that are willing and ready to go into an agreement with the hope of enjoying some certain levels of relationship as indicated in the contracts. These relationships could be in business, employment, education and other service-related transactions. Normally, there are some exclusion clauses in the contracts that state clearly what the stronger party (in this case, an employer) would not undertake for the weaker party (in this case, an employee) if certain unforeseen problems suddenly happened to the weaker party. In...
7 Pages(1750 words)Case Study

Theory of Clause

...Theory of Clause August 11, . Introduction This paper will analyze the theory of Clause as Representation including discussion of types of process, participant and circumstance and their realizations, and suggest ways in which this aspect of grammar might influence English Language Teaching (ELT) course design. The Nature of the Clause In grammar, a clause is a pair or group of words that consists of a subject and a predicate (Halliday & Mattiessen, 1999). A clause is different from a phrase. Clause could be dependent or independent. Dependent or relative clause is derived from a "basic structure" (Celce-Murcia &...
5 Pages(1250 words)Essay

The conduct of the DEA was an unconstitutional exercise of Congress' Commerce Clause authority

...On or about December 26, 2007 Mark Jones was arrested in his home. Results of the search and seizure yielded home grown marijuana which is legal under Florida law, but illegal under federal law. On that day, agents from the federal Drug Enforcement Administration (DEA) entered the Jones residence, confiscated the marijuana, and arrested Mr. Jones. Mr. Jones claims that the DEA's action violated the Commerce Clause and that he was using the marijuana for a medical necessity. The issue is whether the conduct of the DEA was an unconstitutional exercise of Congress' Commerce Clause authority. Article 1, Section 8, Clause 3 of the United States...
2 Pages(500 words)Case Study

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 mercantilist proposals that were related to foreign trade and...
1 Pages(250 words)Research Paper

Early interpretation of the commerce 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. These questions revolve around the meaning of “commerce", “among the several States” and “to regulate.” Interpretation here refers to the method of determining the meaning of the words included in the clause. At the time of its creation, the term commerce was used in the clause to mean trade or exchange of goods. It could also be expansively interpreted as any gainful activity. However, this excluded some gainful...
1 Pages(250 words)Essay

The current extended interpretation of the Commerce Clause

...Interpretations of the Commerce Clause Interpretations of the Commerce Clause The Commerce Clause raises several interpretive and normative questions. How, for example, is commerce to be defined? What constitutes commerce among the several states? What are the proper functions and powers of the respective state and federal governments under the commerce clause? 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...
1 Pages(250 words)Research Paper

Exclusion clause

...Exclusion Clauses Number Department Exclusion Clauses An exclusion or exemption clause is a contractual term that limits liability of a party to the agreement on issues which it spells out. This kind of clause in a contractual agreement can be unlawful or lawful depending on the nature of the liability which the party was seeking to exclude himself or herself from (Page, 1994). Exclusion clauses are common in business contracts in which settlements of liability are unreasonable and would otherwise threaten the financial assets. Contracts with exclusion clauses require the offeree to understand the terms and agree to them before appending...
6 Pages(1500 words)Essay

Was the Commerce Clause portion of National Federation of Independent Business v. Sebelius correctly decided

...interstate channels of commerce and any activities that basically affect interstate commerce4. Factors affecting interstate commerce could be deeper implying cases where the matters could involve farming and how they do business with each other (Thomas, 3). This in a way could mean that the congress could have to regulate the commercial activities in states including how they spend and the limits of how they spend and penalize those who go contrary to what is the norm5. The responsibility of regulating health behavior and penalizing those that do contrary to what is expected is vested on the principal secretary in charge of health according to the constitution. However, as stated by chief justice...
6 Pages(1500 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.

Let us find you another Case Study on topic The Commerce Clause for FREE!

Contact Us