¶ … Commerce Clause
In the United States constitution, the Commerce Clause refers to the power allotted to the Congress to regulate the inter-states commerce, and under the Commerce Clause, the Congress can control excessive interstate commerce. The Article 1, Section 8 of the U.S. constitution gives the power to the Congress to regulate commerce of several states, foreign nations, and Indian tribes. Typically, the Congress often uses the concept Commerce Clause to justify the legislative power over the states as well as the citizens leading to a controversy about the balance of power between the states and federal government.
Objective of this paper is to explore the concept Commerce Clause. The paper also discusses the Supreme Court decision with regard to the case "New York Times v. Sullivan and the tort of defamation."
Concept Commerce Clause
"The U.S. Constitution's Commerce Clause represents one of Congress's most important sources of legislative powers." (Rutkow, & Vernick, 2011 p 750). Typically, the Commerce Clause vests a broad authority on Congress to address a wide range of legislative matters. Starting from 1905, the Supreme Court has used the Commerce Clause concept to regulate navigation among states. For example, the Supreme...
Democracy Briefly describe the concepts of federalism and separation of powers Federalism is when there is a separation of powers between the federal and state governments. This is designed to ensure that no form of government would undermine the civil rights of the general public. The basic idea is to reserve specific powers for them and help to address issues which are most important to select areas of the country. This will
Strategic Analysis of Southwest Airlines The mission, vision, values, and goals of Southwest Airlines, as provided on the company's Website and in its Annual Report, are analyzed in this paper with regard to inclusion of stakeholder interests and goodness of fit to classic management strategies. In particular, the paper makes this assessment against the background of Michael Porter's comments in an interview for Fast Company, in which his comments hint preference
Supply Chain Management Hypothesis defined Concepts of SCM and the evolution to its present day form Critical factors that affect SCM Trust Information sharing and Knowledge management Culture and Belief -- impact on SCM Global environment and Supply Chain management "Social" and "soft" parameter required for SCM Uncertainties This chapter aims to give an outline and scope of the study that will be undertaken in this work. The study lays out the issues faced by manufacturing organizations when it comes
However, where a state statute exerts control over matters capable of being regulated by Congress under the Commerce Clause, those statutes are invalid because they conflict with a concept that is generally referred to as the "dormant Commerce Clause" (Dershowitz, 2002; Friedman, 2005). In modern application, federal courts apply a three-pronged test to determine whether or not a given state statute is invalid by virtue of a conflict with Congressional
Off-duty time does not extend the 14-hour period. 15-Hour on-Duty Limit May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period. 60/70-Hour on-Duty Limit May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. 60/70-Hour on-Duty Limit May not
455 U.S. 904 (1982), illustrates one of the scenarios of a taking. The Court did not require a physical intrusion by the government here, but the placement of items was sufficient for a Taking without just compensation. The character and manner of the governmental intrusion is just as important as the intrusion itself. Also, the principle of regulating private property for a public purpose is demonstrated in the Loretto
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