Implied Powers, the Necessary and Proper Clause
The United States Constitution is at times ambiguous and leaves room for interpretation. This is the stage at which the implied powers of the Congress come into discussion and probably the most relevant example in this sense is given by the Commerce Clause, which, as shown in the previous section, implies the reduced ability of trade partner states to regulate the operations with the United States. The right to implied powers and the necessary and proper clause is written under the eighteenth paragraph of the eight section in the first article and states that the Congress has the right to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof" (Cornell University Law School). In this light of events, it becomes obvious that the United States Congress has the ability to implement the decisions it considers necessary within a given context. They will not make use of this right only in critical circumstances, but also when they feel that a new direction or a new action is likely to benefit the current endeavor. "The phrase is not limited to such measures as are absolutely necessary, but includes all appropriate...
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
Introduction The Commerce Clause is a provision in the U.S Constitution (Article 1, Section 8) that gives Congress the mandate to regulate business with other Nations, States, and Indian Tribes. The commerce clause is the legal foundation of much of Congress's regulatory power (Rosenbaum, Rutkow, & Vernick, 2011). The sovereignty and the exclusivity of the federal government power when dealing with foreign countries and commerce regulation is largely understood. In the
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
Muscle Grow Case Qs The commerce clause grants the federal government the right to regulate interstate commerce, which the online sale and interstate shipment of Muscle Grow by Texas-Based Health Corp. definitely constitutes (U.S. ConstitutionArticle 1, Sec. 8, Clause 3). A determination of whether or not this constitutes commerce is not really at issue as it quite clearly is concerned with the sale and transport of goods across state lines, however
VIII. The "State Action" Requirement In the provisions of the Constitution that protect individual rights, primarily the application of the Fourteenth Amendment and the Bill of Rights, the acts that are prohibited require governmental involvement in some form and thus the Courts have fashioned a concept identified as state action. State action is distinguished from private action and the protection of the rights guaranteed in the Bill of Rights and applied
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
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