Verified Document

Business Law Describe The "Commercial Clause" In Essay

Business Law Describe the "Commercial Clause" in the United States Constitution and explain how its scope and meaning has been interpreted by the courts.

Referring "to Article 1, Section 8, Clause 3 of the U.S. Constitution," the Commercial Clause as the Cornell University Law School (2013) further observes empowers the Congress "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." As far as the legislative power of Congress is concerned, the relevance of this particular Clause cannot be overstated. Indeed, based on how the Supreme Court has in the past interpreted this particular Clause, it is not only one of Congress' most important tools of authority but also a "limitation on the right of the states to regulate commerce within their borders" (Lawnix, 2013).

It is important to note that over time, the courts have on several occasions interpreted not only the scope but also the meaning of the commercial clause, with two such interpretations...

Raich (2005) and Hicklin v. Orbeck (1978). In the case of Hicklin v. Orbeck (1978), a statue had been successfully passes by Alaska in which case residents of Alaska were to receive preferential treatment (over non-residents) when it came to the hiring of those working in the gas or oil industries. In addition to finding this particular law unconstitutional, the Supreme Court as Lawnix (2013) observes held "that the Commerce Clause prohibits states from preferring its own residents in utilizing natural resources located within the state but bound for interstate commerce." On the other hand, in Gonzales v. Raich (2005), it was in the opinion of the Supreme Court that the Commerce Clause provided Congress with the power to prohibit activities that could in one way or another affect interstate commerce (The Heritage Foundation, 2013). It should be noted that as it is pointed out in Lawnix (2013), there is no precise definition that has been given to the term "commerce"…

Sources used in this document:
References

Cornell University Law School. 2013. Commerce Clause. http://www.law.cornell.edu/wex/commerce_clause

Lawnix. 2013. Commerce Clause: The Commerce Power of Progress. http://www.lawnix.com/cases/commerce-clause.html

Lawnix. 2013. Texaco, Inc. v. Pennzoil Co. -- Case Brief. http://www.lawnix.com/cases/texaco-pennzoil.html

The Heritage Foundation. 2013. Gonzales v. Raich. http://www.heritage.org/initiatives/rule-of-law/judicial-activism/cases/gonzales-v-raich
Cite this Document:
Copy Bibliography Citation

Related Documents

Commercial Aviation Industry Was Already
Words: 4603 Length: 15 Document Type: Term Paper

The combination of such broad language and the paucity of any significant enforcement tools meant that these initiatives were largely ineffective. Not surprisingly, complaints from passengers increased by 200% within the year; furthermore, flight delays continued to increase 12% faster in the first five months of 2000 than in the same period in 1999. "Indeed, in the twelve months following the airlines' voluntary promises, flight delays cost business travelers 5

Oil Investment Contract / Companies Commercial Law
Words: 5811 Length: 20 Document Type: Essay

Commercial Contract Law to Increase Oil Investment in Kuwait When it comes to the industries of natural resources and energy, the law of investment protection is particularly of great concern. According to the statistics of July 2013, it was revealed that 25% of the cases that have been registered with ICSID have addressed the issues concerning gas, oil and mining sectors. Moreover, another 12% of the cases are relevant to

Gilbert's Summaries Contracts the Law
Words: 5347 Length: 18 Document Type: Essay

Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness

Copyright Law and the Music
Words: 9076 Length: 25 Document Type: Thesis

As technology and the capability of removing artifacts from recordings improve this area of the law will be likely to be revisited in the future. This last revision to copyright law raised more questions than it answered. For instance, was it acceptable to colorize black and white movies? Did this alter them from the original work, or was this an acceptable? Was it OK to alter pieces of work to

Commerce Clause the United States
Words: 876 Length: 3 Document Type: Term Paper

The New Deal jolted the commerce clause into high gear, creating the regulatory agencies, commissions, and boards that continue to oversee the United States' commercial life." During that administration, Roosevelt attempted to assert a lot of federal power that had not been previously asserted by the federal government. However, a number of such laws pressed through Congress were found by the U.S. Supreme Court to lack constitutional authority. For many

SPAM-Project Proposal Canning SPAM: Before
Words: 4281 Length: 13 Document Type: Term Paper

Questia.com JSTOR. A www.jstor.com David E. Sorkin, Technical and Legal Approaches to Unsolicited Electronic Mail, 35 U.S.F.L. Rev. 325 (2001). Google and other search engines: www.google.com Encarta Encyclopedia online. 2006 10. Appendix Articles collected for Review so far (just a sampling of articles on SPAM laws) www.spamlaws.comSpam Laws: Articles David E. Sorkin, www.jcil.orgSpam Legislation in the United States, 22 J. Marshall J. Computer & Info. L. 3 (2003). David E. Sorkin, www.spamlaws.comTechnical and Legal Approaches to Unsolicited Electronic Mail, 35

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now