¶ … Clause 3 of the United States Constitution -- was apparently originally intended to give the federal government and the U.S. Congress the authorization to tackle "certain economic issues" (Patterson, 2012). The economic issues that the Commerce Clause was intended to relate to was the power to: first, regulate commerce with foreign nations, and two, with Native American tribes. This paper delves into the Commerce Clause and finds that there has been some abuse of the clause by the federal courts.
The Commerce Clause
The Commerce Clause authorizes Congress the power "…to regulate commerce with foreign nations, and among the several states, and with the Indian tribes…" (Cornell Law).
According to the Cornell University Law School, the Commerce Clause has historically been seen as a "restriction on states' powers to regulate" and as a kind of "grant of congressional authority." In fact Congress has used the Commerce Clause as a justification for wielding legislative authority over states "…and their citizens" (Cornell Law). The reality of that power and authority is that states are not allowed (in many cases) to pass their legislation...
Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted the wheat for use on his farm, including feed for his poultry and livestock. Fiburn was penalized. He argued that the excess wheat was unrelated to commerce since he grew it for his own use. The question in the matter was: Is the amendment subjecting Filburn to acreage restrictions in violation of the Constitution
United States Constitution, the Articles of Confederation, the Declaration of Independence, and the Great Compromise The Articles of Confederation was the first document attempting to govern how the newly independent states were to act together in their union. However, the Articles of Confederation had significant flaws that rendered them an unrealistic tool for the government of the new states. While not all inclusive, the following are some of the weaknesses
1. What specific regulations/rules does the U.S. Constitution make about enslavement in America (article I: sect. 2 #1; article I, sect. 9, #1; article IV, sect. 2, #3)? Article I, Section 2 includes the “three-fifths” clause, which helped slave states gain more Congressional representatives by allowing slaves to count as “three fifths” of a person. Article I, Section 9, Number 1 places a new tax on the importation of new slaves,
Bill of Rights The United States Constitution was originally adopted at the Constitutional Convention in 1787, after the perceived failure of the colonies' first attempt at a foundational document for federal government, the Articles of Confederation. This is important to recall because in many ways the Constitution was written with an awareness of how such documents may fail in practice, and so its drafters included in Article 5 a set of
In addition it was agreed that issues of federal budget, revenue and taxation would originate with the House of Representatives. The Great Compromise issued in a spirit of success to the convention and essentially ended the division between the small and large states. However, it did nothing to alleviate the pending debate between the Federalist and the Anti-Federalist. Decisions on how much power to give to the people and to
Constitution of the United States was ratified after lengthy debate, mainly focused around issues related to the powers that would be bequeathed to the federal government. Although a gross oversimplification, the debate can be loosely qualified as being one between federalists on the one hand, and antifederalists on the other. Federalists, among them founding father luminaries from George Washington and Benjamin Franklin to James Madison, Alexander Hamilton, and John
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