Defining and Summarizing the Commerce Clause The Commerce Clause is an article in the United States Constitution. This section of the Constitution is Article 1, Section 8, and Clause 3 (The Commerce Clause), allows Congress to have full authorization and power to oversee Commerce with numerous States, different countries with their own government, and different Indian groups of society. The terminology of the word commerce being used in the Constitution is defined as business or commercial exchanges in every complete form amongst civilians of numerous states, that includes cordial exchange of information by all resources from state to state for both business and pleasure. In the text, Business Its Legal, Ethical, and Global Environment, …show more content…
In the case of Gibbons v. Ogden, 22 U.S. 1 (1824) displays a good example of the use of the Commerce Clause with foreign affairs by allowing Congress the authority to manage and organize foreign commerce. Jennings states that in the case of Gibbons v. Ogden, 22 U.S. 1 (1824), “foreign commerce as any “commercial intercourse between the United States and foreign nations” (Jennings, pp.149, 2017). In other words, in this case individual well known American lawyers disputed their views in the Supreme Court in which a historical decision was made that no matter where the activity of the trade business starts or ends, the authority to regulate will remain in place. In the case of Wickard v. Filburn, 317 U.S. 111 (1942), Mr. Filburn was a farmer who grew his own wheat on his property to feed his animals on the same property. The problem came about because the government had already set limits on how much wheat a farmer can produce without being charged any penalties. Mr. Filburn went over the allowed limit and was ordered to pay a penalty. Mr. Filburn feels because his wheat is for feeding his animals only and not to be sold, it should not …show more content…
However, the government did not agree with Mr. Filburn. The Supreme Court created Article I, Section 8, of the Constitution, which allows Congress to authorize Commerce with foreign nation and throughout the States and with Indian Tribes. In the case of Heart of Atlanta Motel Inc. v. United States, 379 U.S. 241 (1964), the Heart of Atlanta Motel Inc. was well known for not allowing Negros to rent rooms. In this case the owners of the business filed a claim against Congress questioning their decision of passing Title II Section 201 of the Constitution of the Civil Rights Act. In the text Jennings states that Section 201 of Title II provides, “All person shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations, of any place of public accommodations as defined in this section. Without discrimination or segregation on the ground of race, color, religion, or national origin,” (Jennings, pp.175, 2017). In other words, after congress passed this act, the owners of the hotel were no
Instead, the Constitution grants Congress the power to pass legislation regulating all commerce bar intrastate trade (U.S. Const. art. I, § 8, cl. 3). Coupled with the subsequent clause enabling Congress to pass any legislation they deem necessary in order to carry out the laws passed by dint of the body’s Constitutionally-enumerated powers (U.S. Const. art. I, § 8, cl. 18), the enumerated power to regulate interstate and international commerce endows Congress with a significant capacity to control the nation’s
Often this case is coined as the "Emancipation Proclamation of American Commerce," it should be gladly called that because of the reflection on the elasticity of the great paper known as the Constitution. The case solidified the Congress held all powers to regulate any modes of Commerce. Gibbons v. Ogden would prevail with the inventions of trains and airplanes as modes of commercial activities. Congress, with this case, was later to pass measure that would outlaw unfair price fixing on transportation of foods and pass epochal measures such as the Sherman Anti-Trust Act.
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). Congress has exercised this delegated power in many cases. The nature and basic guidelines of Congress’ power over commerce is first laid out in the case of Gibbons v. Ogden. In addition, the case United States v. Lopez is a prime example of Congress’ ability to carry out the Commerce Clause to the furthest extent. Lastly, the case National Labor Relations Board v. Jones & Laughlin Steel Corporation brings to light the Wagner Act of 1935. Through a review of these three cases, it can be concluded that there are no real limitations on Congress when regulating commerce.
Article 1: Reckless disregard for the economic interests of the citizens of the United States
"Title VII of the Civil Rights Act of 1964." ():-. Retrieved from http://www.eeoc.gov/laws/statutes/titlevii.cfm on Mar 17, 2014
...of religion, the freedom to assemble and civil rights such as the right to be free from discrimination such as gender, race, religion, and sexual orientation. Throughout history, African Americans have endured discrimination, segregation, and racism and have progressively gained rights and freedoms by pushing civil rights movement across America. This paper addressed several African American racial events that took place in our nation’s history. These events were pivotal and ultimately led to the establishment of the Civil Rights Act of 1964 which outlawed discrimination based on race, color, religion, sex, or national origin. The Civil Rights Act paved the way for future legislation that was not limited to African American civil rights and is considered a landmark piece of legislation that ending racism, segregation and discrimination throughout the United States.
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
The debate over the Alien and Sedition Acts of 1798 revealed bitter controversies on a number of issues that had been developing since the penning of the Constitution. The writers of the document knew that over time the needs of the nation and its people would change, and therefore provided for its amendment. But by not expressly delegating powers to specific organizations, whether the federal government, state governments, or the people themselves, they inadvertently created a major problem in the years to follow: Constitutional interpretation.Shortly after the Constitution's ratification, two distinct camps formed, each believing in opposite manners of interpretation. One group, the Federalists, led by the newly appointed Secretary of the Treasury, Alexander Hamilton, thought that the Constitution should be interpreted very loosely. He claimed that the Constitution contained powers other than those delegated or enumerated. These unspecified powers were implied powers.
The ruling in the Dartmouth v. Woodward case ruled in favor of Dartmouth. It set the notion that a contract is a contract and cannot be changed. The charter created by trustees to form Dartmouth College is considered to be a valid contract and thus protected. John Marshall delivered the decision that “the legislature of a state shall pass not act impairing the obligations of contracts.” This ruling now gives businesses a sense of security. The sense of security by the Supreme Court attracts investors or donors to businesses which generates economic growth for our country. The case Gibbons v. Ogden, expanded opportunities for trade between states and other countries. The Supreme Court ruled that the state of New York could not regulate commerce because it was unconstitutional. Marshall stated that New York’s regulations were “repugnant to the said Constitution and void.” With the restrictions lifted off of commerce, states can now trade between each other without being penalized. The rulings in these cases encouraged economic growth and boosted our
Throughout history, there has been a struggle for equality and justice. The oppression that African Americans have received throughout the generational period in which they first arrived in America has continued to be a raging war. Article I, Section 8 of the American Constitution enabled Congress to have certain rights and authorities over the laws. In the evaluation of the 1700s, 1800s, 1950s, and 1990s, the prolific effects can be seen through specific Congressional Acts.
Declared in the U.S. Constitution every American or should it be person, is guaranteed civil rights. Civil rights did not just consist of “freedom of speech and assembly,” but as well as “the right to vote, the right to equal protection under the law, and procedural guarantees in criminal and civil rights,” (Dawood). It was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens. “Rights were eventually applied against actions of the state governments in a series of cases decide by the Supreme Court,” Dawood stated. In previous years (1790-1803), the Supreme Court had little say in decisions being made by government. As time went on the Supreme Court took on more responsibility and started making additional decisions, which in time helped minorities gain their civil rights. It took a couple of years, as a matter of fact till the 1900’s for the Supreme Court to get out of the “ideology of white supremacy and the practice of racism,” (Smith). Though the decisions of the Supreme Court were not all that appreciated in the beginning, following the 20th century the court really facilitated in the advancements of civil rights.
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” The commerce clause gives power to the government over the states. This was established in the Gibbons v. Ogden case in 1824. Gibbons and Ogden both were running their steamboats along the same route, on the Hudson River, which was between New Jersey and New York. Ogden got an injunction through a New York state court. This injunction concluded that Ogden had got exclusive rights by the state to operate that route. Gibbons had received his permit from the federal government. The New York court sided with Ogden and ordered Gibbons to stop operating his steamships. Gibbons then preceded to take this to the Supreme Court. John Marshall sided with Gibbons and said that New York’s grant to Ogden violated the federal licensing act of 1793 and for the first time the commerce clause was interpreted. It was concluded that the government had the power to regulate this because of the commerce clause. Since then the commerce clause has expanded the power of the government furthermore than the states would like it
The Confederation act of 1867 without question has had a major influence on the status of contemporary Canada. It has helped shape Canada into one of the worlds most politically and economically powerful countries; a country that is strong, independent, and united. There was a series of events which led to the confederation of Canada, some which are more significant than others. However, I believe that despite the significance of events such as the British encouragement of uniting its North American colonies, the central and key reason for confederation was the fear of potential American (Yankee) inhabitance (whether by persuasion or invasion) of the divided and vast British North American colonies, and the way that the “Fathers of Confederation” were able to take advantage of this situation and persuade reluctant colonies to join Confederation. A strong and united nation could not be easily invaded or bought. These essential factors will be discussed in the paragraphs to come.
Before the Civil Rights Act of 1964, segregation in the United States was commonly practiced in many of the Southern and Border States. This segregation while supposed to be separate but equal, was hardly that. Blacks in the South were discriminated against repeatedly while laws did nothing to protect their individual rights. The Civil Rights Act of 1964 ridded the nation of this legal segregation and cleared a path towards equality and integration. The passage of this Act, while forever altering the relationship between blacks and whites, remains as one of history’s greatest political battles.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and employees because of their race, color, religion, sex or national origin. Religious Discrimination as part of the Civil Rights Act is the subject of this term paper.