The Commerce Clause of the United States - Essay Example

Commerce power scope is dependent on “commerce” interpretation if sufficiently broadly interpreted then it may offer the congress legislation power within various areas, which would have been subject to or within the power of police within the states. The term has not explained the constitution hence the Supreme Court happens to be quite flexible while deciding cases that involve the commerce clause as well as massive authority for influencing the state balance versus federal power (Lawnix ).

 In the case Pennzoil v. Texaco and the tort of interference with contract, the supreme court ruled that first; the determination for if a party was interested in being bound by a contract that is not yet executed happens to be the fact finder’s question of fact. Secondly, contractual terms have to be ascertained to a certain reasonable degree so that the contract can be enforceable (Lawnix). In the case, New York Times versus Sullivan, the ruling of the court was the publication of every statement protected by the 1st statement, even that which are false, about public officials’ conduct except only when a statement is maliciously made (Oyez Scholars).