Throughout the course of time the elastic clause and the commerce clause has been utilized in court cases and arguments. With time the clauses have changed the fit into the change of society. As represented by various court cases. A variation of interpretations has been drawn out within the time frame of its establishment. A loose and strict interpretation has been implemented in the constitution depending on point of views. Although, the interpretation of the constitution is strictly restricted to the Judicial Branch as concluded in the court case Marbury Versus Madison. The elastic clause is known as congress has the power to do what is “Necessary and Proper”. In contrast, commerce clause is, often, limited with concerning trading issues. Thus concluding, the Elastic Clause has more power rather than the Commerce clause. The Commerce Clause is referred to as an enumerated power listed in the United States Constitution. The clause states that the United States Congress …show more content…
New Court rises as well 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
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
Beard, Charles Austin. An Economic Interpretation of the Constitution of the United States. New Brunswick, N.J.: Transaction Publishers, 1998. eBook Collection (EBSCOhost), EBSCOhost (accessed February 23, 2014
c. construing the savings to suitors clause – eg, what types of cases does Congress mean to say that we only want federal courts sitting in admiralty to have jurisdiction over?
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.
With quick wit and an enlightening explanation of the Constitution, Jay Wexler’s The Odd Clauses did not disappoint. Covering the Constitution in a completely unique way, even the most simple-minded people in the world could walk away from this book understanding how complex the Constitution really is. Wexler takes a weird clause from the constitution, explains why it is odd, and then uses the clause to explain a whole segment of government. For example, Wexler uses the Weight and Measures Clause to explain the powers of Congress, and how they are to blame for crashing a $125 million probe into Mars.
The Commerce Clause is located in the United States Constitution as clause 3 in Article. I. Section. 8. This section in the constitution states that congress had the ability to "Regulate Commerce with foreign nations, and among the several
v. Lopez (1995) continues to affect the judicial system to this day. This case is the precedent for many of the Supreme Court cases concerning the commerce clause. Following U.S. v. Lopez, the Supreme Court had many Affordable Care Act cases. In these cases, the powers of Congress, under the Commerce Clause, were again limited. The congressional powers were limited because the Court declared that the Affordable Care Act “did not license Congress to include in the PPACA a provision that required individuals to purchase health insurance”(Commerce Clause). The Affordable Care Act trials show that Congress cannot always make whatever law that they want, and they cannot use the Commerce Clause as an excuse or abuse its power. This case further proved the reasoning behind the decision in U.S. v
John Marshall, Supreme Court Justice, created legal precedence in the historical case, Marbury v. Madison in 1803. Throughout history he is portrayed as the fountainhead of judicial review. Marshall asserted the right of the judicial branch of government to void legislation it deemed unconstitutional, (Lemieux, 2003). In this essay, I will describe the factual circumstances and the Supreme Court holdings explaining the reasoning behind Chief Justice Marshall’s conclusions in the case, Marbury v. Madison. Furthermore, I will evaluate whether the doctrine of judicial review is consistent with the Constitution and analysis the positive effects of the doctrine in American politics.
It has moved from an exclusive power of the national government to regulate the trade of good and services on an international level to include interstate activities. The nation is growing and new problems are continuing to emerge. The commerce clause has to adjust also, in order to meet the demands of the changing world and its’ needs. The federal government still has the power to regulate interstate commerce. It still remains the reason for the increased federal regulation on the economy. The national economy is growing. It is no surprise to see that areas such as agriculture, finance industry and other services have increased and been included in laws governing these areas
...ng to our benefit. Congress has several important and express responsibilities and while at times they may attempt to flex those powers in ways we don't agree with, or take the necessary and proper clause a little too liberally, we the people are always free to challenge them and utilize the powers given to us as free citizens to help decide how far those powers can really extend.
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
Without a loose interpretation, the Constitution would not be as adaptable and influential of a document as it is today. The Constitution, created in order to address the need of a flexible governing document, due to the Articles of Confederation’s failure to succeed in successfully governing the newly created United States. In order to ensure the flexibility of the Constitution, clauses such as the elastic clause and procedures such as the amendment procedure included in the Constitution. Without these flexible aspects of the Constitution, the document would not be as relevant to 21st century America and the issues that occur today. Although some argue that the Constitution should not be interpreted, I believe this document would not be as withstanding if it was not interpreted throughout history. The Constitution is a document for interpretation, a “living document”, not a direct translation, and must apply to the events occurring in 21st century America. It is a document with many new amendments since its inception as well as citations for application, and will continue to include new amendments and applications for years to
These passages present a discussion about arguments concerning the Supreme Court's power. This is an important debate for America since the Supreme Court can alter the principles that by which we live by. The two positions argue whether or not the judiciary has too much power. Both viewpoints have valid claims warranting consideration; for example, evidence indicates that the judiciary has little power to implement their decisions. In contrast, opposing evidence suggests that despite this point, they still practice judicial review. While both sides of the issue have valid points, the claim that the judiciary has too much power is the strongest position, the position supported by a preponderance of the evidence cited in the passages. The most convincing and forceful reasons in support of this position are that
3. Beard, Charles A. "An Economic Interpretation of the Constitution of the United States". American Politics. Houghton Mifflin Company. Boston, MA. 1999. (Pages 27 -- 33).
Spaeth, Harold J. and Edward Conrad Smith. The Constitution of the United States, 13th ed. New York: HarperCollins Publishers, 1991 (paper). ISBN 0064671054.