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, oosevelt 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 of these pet endeavors, FD claimed commerce clause authority.

Much of the disagreement with the law stems from the word " commerce." This is a very broad term and is the root word of commercialism. The Constitution does not explicitly define the word. Some would present the idea that it refers simply to trade or exchange, while others claim that the founders of this country and the writers of the document, intended to describe more broadly commercial and social intercourse between…...

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References

Cohn, J. (2012). Did Roberts Gut the Commerce Clause? New Republic, 28 June 2012. Retrieved from   commerce-clause#http://www.newrepublic.com/blog/plank/104455/did-roberts-gut-the -

Donato, R. (2012). Commerce Clause and the New Deal. Chicago Business Review, 22 Sep 2012. Retrieved from  http://hbr.org/2005/09/the-commerce-clause-wakes-up/ar/1 

Downes, L. (2005). The Commerce Clause Wakes Up. Harvard Business Review, September 2005. Retrieved from

S. Congress is superior as it has an increased ability to control certain aspects of commercial operations (University of Missouri-Kansas City School of Law).
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…...

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References:

2009, Necessary and Proper Clause, Answers,   last accessed on August 12, 2009http://www.answers.com/topic/necessary-and-proper-clause 

Commerce Clause Limitations on State Regulation, University of Missouri-Kansas City School of Law, last accessed on August 12, 2009http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/statecommerce.htm

The Constitution of the United States of America, Cornell University Law School,   last accessed on August 12, 2009http://www.law.cornell.edu/constitution/constitution.overview.html 

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 past, states and local authorities have been barred by the court from dealing in foreign policy matters because only they have the mandate to deal with those kinds of matters. Although states are grated with some limited powers to tax foreign commerce, the federal government remains the sole agent of Americans in dealings with foreign states.
Power to regulate
Commerce is not defined in the commerce clause or even in the Constitution; hence the courts have various interpretations of the words. The…...

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References

Ablavsky, G. (2014). Beyond the Indian commerce clause. Yale LJ, 124, 1012.

Knoll, M. S., & Mason, R. (2019). The Dormant Foreign Commerce Clause After Wynne. Va. Tax Rev., 39, 357.

Rosenbaum, S., Rutkow, L., & Vernick, J. S. (2011). The U.S. Constitution\\'s Commerce Clause, the Supreme Court, and Public Health. Public Health Reports, 126(5), 750-753.

Legal Information Institute. (2020). Clause III: Power to Regulate Commerce. Retrieved from:  

https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-3 

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." (utkow, & Vernick,…...

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Reference

Cornell University Law School. (2015). Commerce Clause. Legal Information Institute.

Cornell University Law School. (2015). New York Times Co. v. Sullivan. Legal Information Institute.

Rutkow, L. & Vernick, J.S. (2011). The U.S. Constitution's Commerce Clause, the Supreme Court, and Public Health. Public Health Rep. 126(5): 750-753.

As a result, Gibbons was providing a service and was helping ensure the free flow of ideas. The licensed that he received from Congress is regulating these principals. ased on this interpretation along with the previous case law decided in McCulloch v Maryland and the Supremacy Clause of the Constitution; New York State does not have the power to regulate trade. Instead, this power is solely reserved for Congress with the court saying, "The power to regulate commerce, so far as it extends, is exclusively vested in Congress, and no part of it can be exercised by a State. State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, & c. are not within the power granted to Congress. The laws of N.Y. granting to R.R.L. And R.F. The exclusive right of navigating the waters of that…...

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Bibliography

"Cohens v Virginia." Oyez. 2010. Web. 6 Apr. 2010.

"Gibbons v. Ogden." Social Studies for Kids. 2010. Web. 5 Apr. 2010.

"Gibbons v Ogden." Find Law. 2010. Web. 5 Apr. 2010.

"Securities and Exchange Act of 1934." Investopedia. 2010. Web. 6 Apr. 2010.

g., juries that reflect the ethnic makeup of communities, another form of affirmative action). In the Crown Heights riots (1991) in Brooklyn, New York, Lemrick Nelson was on trial for violation of federal civil rights laws (he allegedly killed a Jewish student). The district court judge, Judge Trager, using "nontraditional" methods, attempted to create diversity on the jury by using ethnic criteria (blacks and Jews) in an attempt to reflect the actual ethnic makeup of Brooklyn (ilkenfeld, 2002). The Second Circuit Court, however, "struck down" judge Trager's construction of an ethnically reflective jury; the Second Circuit held that Trager's court "violated the Equal Protection Clause." The circuit explained that "...potential jurors' Fourteenth Amendment rights to be free from racially discriminatory state action preclude treating individual jurors differently based on a desire to maintain a certain aggregate jury composition" (ilkenfeld, 2002), according to an account in the Columbia Law Review.
An article…...

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Works Cited

Bressman, Jeremy. "A New Standard of Review: Craig v. Boren and Brennan's 'Heightened

Scrutiny' Test in Historical Perspective." Journal of Supreme Court History 32.1 (2007):

University of Minnesota Sociology Department. "Fullilove et al., Petitioners, v. Philip M.

Klutznick, Secretary of Commerce of the United States, et al." Retrieved November 25, 2008 at  http://www.soc.umn.edu/~samaha/cases/fullilove_v_klutznick.html .

10th Amendment or the Supremacy Clause should be stricken down, it is important to define what each is. The 10th amendment is "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" (Mcpherson, 2009, p. 254). The Supremacy Clause is "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land" (Dixon, Mccorquodale, Williams, & Mccorquodale, 2011, p. 127). In addition, the Judges within each State must be bound thus, any Thing in the Laws/Constitution of any State to the opposing all the same. When seeing how these two laws work not in conflict of each other, but together, it can be hard…...

Stress: Regulation of etlands in the United States
Regulation of etlands in the United States

Defining etlands and their Value

A wetland refers to a place where water covers the soil. A wetland is a saturated land that comprises of swamps or marshes. Lewis defines a wetland as, "an ecosystem that depends on constant or recurrent, shallow inundation or saturation at or near the surface of the substrate" (p.3). He further ascertains that the minimum necessary qualities of a wetland are sustained inundation, saturation or recurrent at or near the surface and the existence of chemical, biological and physical facets that reflect recurrent, saturation and sustained inundation (Lewis 3). The major diagnostic wetland features include hydrophytic vegetation and hydric soils. These characteristics present biotic, anthropogenic or physicochemical features apart from where the growth of these aspects has been blocked (Lewis 3). The wetlands are located near rivers, oceans, lakes or swamps, and they…...

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Work Cited

Beermann, Jack. Administrative law. Texas: Aspen Publishers Online, Jul 2, 2010

Connolly, Kim Diana, Johnson, Stephen, Williams, Douglas. Wetlands law and policy:

Understanding. New York: American Bar Association, Dec 30, 2005.

Gaddie, Ronald Keith, Regens, James. Regulating wetlands protection: Environmental federalism and the states. New York: SUNY Press, 2000.

Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation. As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v. Madison established the power of the U.S. Supreme Court to interpret the application of the Commerce Clause.
4. What is discovery and what are the methods to obtain this information?

Discovery is the pre-trial phase in civil and criminal law where parties obtain information regarding the evidence possessed by the opposing side in the litigation. Various tools of discovery are available by the parties such as interrogatories, request for admissions, request for the production of…...

Sky v. Holder
Susan Seven-Sky v. Eric H. Holder, 661 F.3d 1 (2011).

Facts

The Appellants in the case are four United States citizens and taxpayers who are seeking a declaratory and injunctive relief to prevent the enforcement of the minimum essential coverage provision of the Affordable Care Act. The minimum essential coverage provision of said Act requires all U.S. citizens to purchase and maintain certain minimal levels of health insurance coverage beginning in calendar year 2014 or face sanctions. On the trial level, the U.S. District Court dismissed the Appellant's request by granting the government's Motion to Dismiss. The substance of the District Court's ruling was that the U.S. Congress had authority under the Commerce Clause and the Necessary and Proper Clause. The Court ruled that Congress had the power and authority to regulate any activity that substantially affects the health insurance and health care market place and that such industry is…...

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References

Bogen, D.S. (1972). The Hunting of the Shark: An Inquiry into the Limits of Congressional Power Under the Commerce Clause. Wake Forest Law Review, 187-200.

Key v. Holder, 661 F.3d 1 (D.C. Circuit November 8, 2011).

Liptak, A. (2011, November 14). Justices to Hear Health Care Case as Race Heats Up. New York Times, p. A1.

Manchikanti, L. (2011). Patient Protection and Affordable Care Act of 2010: Reforming the Health Care Reform for the New Decade. Pain Physician, 35-67.

Confusion: Trailer Hitches
Facts: The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch, which is manufactured by only one manufacturer in confusion. As a result, truckers either have to avoid Confusion or have the hitch installed. The federal government has not attempted to regulate truck hitches on the nation's highways. Tanya Trucker, a trucking company owner in the state of Denial, intends to file suit against Confusion to overturn the statute.

What court has jurisdiction over the dispute? Is the Confusion state statute Constitutional?

easoning: Determining the court of original jurisdiction is a matter of examining the applicable statutes. Under 28 U.S.C.S. § 1332(a)(b), the federal courts have original jurisdiction over lawsuits where the parties are citizens of different states, if the amount in controversy is at least $75,000. Under 28 U.S.C.S. § 1331, the district courts have…...

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References

28 U.S.C.S. § 1331

28 U.S.C.S. § 1332(a)(b).

Bosco, D. (2011 May 26). The six stages of a civil lawsuit. Retrieved November 17, 2011 from Bosco Law Firm, LLC website: http://www.boscolegal.com/articles/the-six-stages-of-a-civil-lawsuit.html

Southern Pacific Co. v. Arizona, 61 Ariz. 66, 145 P.2d 530 (1945).

Ethics, Law Case, Critical Thinking
Title VII of the Civil ights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII of this act not to permit retaliation claims, then there is a possibility that egalado would have dropped her law suit of discrimination against the company both she and her husband worked for, just so that he could either keep his job or have it reinstated. etaliations claims require inclusion in Title VII of this act to keep employers honest in their dealings with their employees. Thompson was not part of the lawsuit that egalado was formulating (Your textbook, p. 415), yet he was fired as a means of retaliating against her for producing a law suit against the company. Without the inclusion of retaliation claims, Thompson would have unfairly lost a job.

North American…...

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References

FindLaw. (2014). Annotation 28 -- Article 1.   / Retrieved from http://constitution.findlaw.com 

8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: ffirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated ttorney General's statutory interpretation that assisted suicide does not constitute practicing medicine..

b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free Speech under the 1st mendment..

c) Kelo v. New London: State power of eminent domain properly used even though taking of property inured to benefit of one private entity over another, because its effect was beneficial to the community..

d) darand v. Pina: Overturned Metro v FCC and decided that any type of racial classification used by any government agency triggers strict scrutiny.

e) Cole v. Burns International Security Systems: Employers may require employees to waive their right to litigate…...

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A b) Cole v. Burns International Security Company: D.C. District Court applies SCOTUS ruling in Gilmer, to uphold pre-employment arbitration agreements that meet the 5 elements of fairness articulated in Gilmer.

10. Respond to a colleague who asserts that we need to get rid of these liberal activist judges and replace them with conservative judges who interpret the law and do not make the law. (5)

The 2000 SCOTUS decision terminating the by-hand vote count then underway in Florida is a perfect example that "conservative" justices with no prior history of "liberal" statutory interpretation, in fact, make law, as evidenced in the way five "conservative" Republican justices effectively awarded the presidency to George W. Bush by their whim under the color of "judicial interpretation."

Certainly, utilizing those agencies now that there has been a crime at the premises is warranted. However, it may not have been negligent for DWI to fail to contact law enforcement when it first began receiving threats. Large corporations such as DWI routinely receive threats in the course of business. The vast majorities of those threats are harmless and represent no danger to the employees or customers of those organizations. Therefore, DWI may have been exercising due diligence by increasing its security force and not reporting the action to the police. To determine whether or not DWI was negligent, it would be necessary to see the exact language of the threats. Threats of plausible violence against customers or staff would give rise to a higher standard of care than threats against the property. Businesses cannot be held responsible for harm that occurs as the result of an unforeseeable act…...

First Amendment, the Constitution, and the Supreme Court
Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time. Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein.

The First Amendment to the Constitution is partially designed to protect journalists and news-content publishers…...

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References

Abrams, F. (2005). Speaking Freely: Trials of the First Amendment. New York, NY:

Penguin Group (USA).

Campbell, D.S. (1990). The Supreme Court and Mass Media: Selected Cases,

Summaries, and Analyses. Westport, CT: Praeger Publishers.