ipl-logo

Commerce Clause Research Paper

1295 Words6 Pages
bulb-icon

Recommended: United States v. Lopez, 514 U.S. 549 (1995

The Commerce Clause The issue is whether the proposed legislation is permissible under the Commerce Clause and the 10th Amendment. Congress’s authority to enact legislation derives from Article I §8 (3) which grants Congress the power to regulate commerce among States. This authority was expanded by Gibbon v. Ogden (1924) which gave Congress the right to regulate commerce in situations where a least two states are involved. The Court further extended Congress’s power in Wickard v. Filburn (1942) by holding that Congress has the right to regulate any activity that will have a substantial aggregate impact on interstate commerce. In 1964, the Court held that Congress had considerable jurisdiction over barring private business from discriminating …show more content…

First, it must be determined whether an activity is economic or non-economic. Lopez, US v. Morrison (2000), Gonzalez v. Raich (2005) The Court in Raich held that an activity is considered economic when it has to do with “the production, distribution, and consumption of commodities.” Non-economic activities as were demonstrated in Lopez and Morrison. The issues in both Lopez (possession of gun in school) and Morrison (rape of a female on college campus) were regarding laws that addressed criminal activity that the Court considered to be non-economic. Here, it can be argued that the corporate contributions to campaigns are economic because those funds are used to purchase airtime and other campaign related resources. Additionally, the donated funds may be seen as a service because by helping a campaign the corporation expects political support for certain issues in return. Raich also provided an alternative analysis that is based on an existing regulatory scheme. However, unlike Raich, where there was the existence of the Controlled Substances Act (CSA), the facts in this case do not indicate that one exists. In order to do a proper analysis that should be added to the facts to see if “Congress had a rational basis for believing that failure to regulate” corporate campaign financing would “leave a gaping hole” in an existing regulation. Raich. In that case, Congress wanted to regulate the personal use of marijuana as part of the larger CSA regulatory

Show More
Related
136 Words | 1 Pages

In 1787 and 1788, the Federalist Papers were written and published in various newspapers in the state of New York intended to encourage Yorkers to vote in ratifying the proposed Constitution. The famous papers consist of eighty-five essays authored by Alexander Hamilton, James Madison, and John Jay. In Federalist Paper No. 17, Alexander Hamilton explicitly addresses the fear that the proposed Constitution would lead to oppression at the hands of an “autocratic” national government. Hamilton argues that even if the national government were to try and seize the power of the states, it would not be simple to do. The main reason Hamilton gives that the States rights would be reserved is because these government have a greater influence over

Read More
1194 Words | 5 Pages

United States v. Lopez was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution. The issue of the case was that It exceeded to the power of Congress which had no say over it because the case had nothing to do with commerce or any sort of economic activity. The case United States v. Lopez involved Alfonzo Lopez Jr., Supreme Court Justice William H. Rehnquist, and Congress. Unites States v. Lopez was about a 12th grader named

Read More
1141 Words | 5 Pages

In today’s government, there are two groups that can influence the way people vote for candidates in political races. They are known as a Super Pac and 501c4. Super Pacs are committees that became significant in 2010 after the court decision in the SpeechNow.org v. Federal Election Commission (Super Pacs). A 501c4 is referred as “social welfare” groups. Their primary focus is to promote social welfare causes (Sullivan).

Read More
500 Words | 2 Pages

Ever heard of the Articles of Confederation? Thought not. That’s because within only 8 years of their ratification, they were gotten rid of. This was because, among other things, there were no courts, no national currency, and no taxes. So in May of 1787, 55 men gathered together in Philadelphia to come up with a better plan.

Read More
695 Words | 3 Pages

Melissa Kay Olivieri 2516826 March 8,2017 Throughout Chapters 4 and 5 of America’s Constitution: A Biography, Akhil Reed Amar details the president 's powerful responsibilities and limits as well as how those relate to either a monarch or a governor. In Chapter 4 Amar focuses on how the president 's power will compare with other types of political power both foreign and domestic. One of the differences included the amount of time a single term of presidency would be-four years as opposed to a monarch 's lifetime reign, or a governor’s one year period. An important change in how the president came to be in office was that he was chosen from the people he would govern, this was not true of either monarchs or governors.

Read More
933 Words | 4 Pages

Both of these cases go to show that judicial interpretation allows some flexibility into the constitution. It allows things that are not expressly stated in the constitution to be made

Read More
633 Words | 3 Pages

In other words, Madison wanted federalism in our country. Because both state and local governments check each other due to their separate

Read More
539 Words | 3 Pages

This essay will discuss the impact of lobbyist on legislation in Washington, DC and the amount of dollars spent to influence federal policies. Throughout a normal day in Washington DC, the hustle and bustle of lobbyist is taking place in the Capital building, White House and along K Street, which is the home of many of the lobbying firms. There are special interest groups, corporations and industries that hire in-house lobbyist or lobbyist firms to influence legislation to benefit their cause. For example, some of these causes may include, but are not limited to tax breaks, subsidies and changes to current regulations or laws.

Read More
1112 Words | 5 Pages

I believe this particular decision was one made in haste and based solely on political preference rather than based on having a fair and impartial electoral process that would benefit society rather than the justices. The Supreme Court stepped in and decided the election for the voters, which was an

Read More
563 Words | 3 Pages

The 15th Amendment (Amendment XV), which gave African-American men the right to vote, was inserted into the U.S. Constitution on March 30, 1870. Passed by Congress the year before, the amendment says, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Although the amendment was passed in the late 1870s, many racist practices were used to oppose African-Americans from voting, especially in the Southern States like Georgia and Alabama. After many years of racism, the Voting Rights Act of 1965 aimed to overthrow legal barricades at the state and local levels that deny African-Americans their right to vote. In the

Read More
684 Words | 3 Pages

Another issue was with the owner of Ollie’s Barbe­cue, in Birmingham, Alabama, Discuss the Supreme Court cases that address this topic, such as Heart of Atlanta Motel v. United States, Katzenbach v. McClung, and others. These court case rulings marked a way we think about civil rights enforcement under our Constitution. Title II goes to show that any racial discrimination, even private racial discrimination, affects interstate commerce. Many parts of the US Constition are involved within the commernce clause and the civil rights act. To start, the 13th, 14th and 15th amendments where all ratified after the civil war, which gave the congress the powers to enfore civil rights.

Read More
131 Words | 1 Pages

“The power of Congress over interstate commerce is not confined to the regulation of commerce among the states. It extends to those activities, which affect interstate commerce, or

Read More
1087 Words | 5 Pages

Every citizen in the United States has individual rights protected by the Constitution. This protection also includes businesses that have gone through the legal process to become a legal entity ; more commonly known as becoming a corporation. Many times these individual rights, protected by the Constitution, conflict with the common good and as history shows, the courts consistently side with the common good when faced with a case that pits these two against each other. Big Pharma are corporations exercising their individual rights to market, and sell their product to consumers. In the process, the common good is suffering.

Read More
586 Words | 3 Pages

Let 's say a pharmaceutical company pays for a congressman 's campaign. Once a bill comes that would drop drug prices that elected congressman would vote against it (Secular talk). This has been happening for awhile now but i think that it 's time to get money out of

Read More
616 Words | 3 Pages

The Declaration Of Independence was an image all colonists wanted to live up to. They wanted all men equal, and the government to be fair. The American Revolution was a political upheaval that took place between 1765 and 1783.The Declaration stated all of this and the colonists said it would be. After securing enough votes for the passage, independence was voted for on July 2nd. The Declaration Of Independence, drafted largely by Thomas Jefferson, marked the formation of a new sovereign nation, which called itself the United States Of America.

Read More

More about Commerce Clause Research Paper

Related Topics

Open Document