The Commerce Clause is referred to as an enumerated power listed in the United States Constitution. The clause states that the United States Congress shall have the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have often to discussed each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to which are; The Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute co-exists within the courts as to the range of powers granted to Congress by the Commerce Clause. More specifically, the clause is often paired with the Necessary and Proper, in other words the Elastic Clause to provide tremendous power. The combination used to take a broad, expansive perspective of these powers. However, the ...
... middle of paper ...
...l as new found interpretation and modifications. However, the effect of the Commerce Clause has varied significantly depending on the Supreme Court 's interpretation. Moreover, making the Commerce power is limited. As shown in various cases; the Elastic Clause hold within power. Granted that gives a looser interpretation for congress to work with. In the court case Maryland Versus McCulloch, left Congress with the power to control the traffic as it crossed the state line giving congress power of Commerce. This court case expanded the power of the Commerce Clause vastly, but, not sufficient enough to hold more power against the Elastic Clause. Although, many might object claiming the commerce clause is more powerful the issue is the clause is restricted towards solely commerce. Once again the Elastic Clause states congress can do what they deem necessary and proper.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Does Congress Have Too Much Power Over Commerce. Works Cited Missing Narrow construction is not found in the Constitution, but the powers granted to Congress to regulate commerce are found. Exactly stated, “Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.” This clause has no definite interpretation, but has included many aspects of regulating. The word “commerce” is defined as the exchange or buying and selling of commodities on a large scale involving transportation from place to place (Webster 264).... [tags: Congress History Constitution Commerce Essays]
2342 words (6.7 pages)
- The issue at stake is whether the rape of a female student by two male athletes (who have confessed to committing the crime) at the Virginia Polytechnical Institute in the year 2000 was a violation of a law passed via the Commerce Clause. A Federal law had been passed (43 U.S.C. 13981) which allowed victims of “gender motivated violence” (such as this student) to seek damages in a civil action through Federal court. The victim has since filed the civil action suit through a Federal Court using this law.... [tags: The Commerce Clause]
1269 words (3.6 pages)
- State of Florida, South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Pennsylvania, Washington, Idaho, South Dakota, Indiana, North Dakota, Mississippi, Arizona, Nevada, Georgia, Alaska, Ohio, Kansas, Wyoming, Wisconsin, Maine, Iowa, and the National Federation Of Independent Business, Et Al.. Now that I have your attention; do you know what all these states and NFIB have in common. They are involved in a lawsuit against the United States Department of Health and Human Services, Secretary of the United States Department of Health and Human Services, United States Department of the Treasury, Secretary of the United States Department of Treasury, United States Department of L... [tags: Law]
939 words (2.7 pages)
- Commerce Clause The strength of a state is often connected to its’ ability to gain wealth. That wealth can be supported or delayed by laws that govern the trade of goods and services between those states. The guideline is referred to as the Commerce Clause. The Commerce Clause is an established guideline from the United States Constitution. It outlines the details of the trade of goods and services. It is born from the Tenth amendment of the constitution. It outlines what can and cannot be done as it relates to trade and affairs within the state and defines who controls the power to regulate it.... [tags: United States Constitution, U.S. state]
1025 words (2.9 pages)
- 3.2 Overview of Electronic Commerce in China 3.2.1 Internet in China In September 1987, the Chinese Academic Network built the first domestic Internet e-mail node and sent out the first e-mail from China. The universities were the first Chinese institutions to connect to the Internet. In 1990, a number of Chinese universities and educational institute including the Ministry of Education were connected. But substantial growth of Internet was not occurred until year 1994, when the National Computing and Networking Facility of China project opened a 64K international dedicated line to the Internet, which achieved a full-functional connection.... [tags: Commerce]
1621 words (4.6 pages)
- Introduction Electronic Commerce is a very mixed and incorporative topic. There are various important types of Electronic Commerce (E-commerce). Collaborative commerce (C-commerce), Business-to-Consumers (B2C), Consumer to Business (C2B), Consumer-to-Consumer (C2C) and Government-to-Citizens (G2C) are the most favorite types of Electronic Commerce in business. Each of these types has their own ways and models. There are several ways of Buying, such as negotiations, group purchase or reverse auctions.... [tags: Electronic commerce, Online shopping, Retailing]
713 words (2 pages)
- Marbury v. Madison, which established the power of judicial review for the Supreme Court, changed the course of American history. This power to review legislation that congress has passed and possibly deem it unconstitutional has had a profound impact on American society. This power provides a check on the Legislative branch, but it also lends itself to an important debate over when the Court can and should use this power. Should the court use this power to increase the power of the national government, something many call judicial activism.... [tags: Legislative Branch, Commerce Clause]
1201 words (3.4 pages)
- Mobil Commerce "The greatest wealth in the 21st century will not be made from products or services, but rather by the company that creates the conduit for international m-commerce through the mobile device" (Unknown author) As defined by market analysts, mobile commerce is the natural extension of e-commerce that allows consumers to make business via a wireless mode anytime, anywhere and always –on. It uses digital cellular phones, PDAs, pagers, notebooks and even cars can already be online wirelessly, all this developing another channel of the value-added chain.... [tags: Business Mobil Commerce Essays]
4444 words (12.7 pages)
- The world largest computer network is the internet. With the astonishing growth of the Internet nowadays, many companies are finding new ways to expand their business opportunities. One can even say that there¡¯re almost all companies used computers in their everyday business. Thus, E-commerce is emerging as an increasingly important way for businesses to reach potential customers. Introduction What exactly is e-commerce. Most casual internet users think that e-commerce is just buying and selling online.... [tags: Electronic Commerce, internet, business]
1235 words (3.5 pages)
- Unless you’ve been living under a rock for the last two years, you have heard about e-commerce, and I bet you’ve heard about it from several different angles. I’m sure you’ve heard about all the companies that offer e-commerce because you’ve been bombarded by their TV and radio ads. You’ve read all of the news stories about the shift to e-commerce and the hype that has developed around e-commerce companies. You may have even purchased something off the web, so you have direct personal experience with e-commerce.... [tags: E-Commerce Essays]
994 words (2.8 pages)