ABAC The Commerce Clause Discussion

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Abraham Baldwin Agricultural College

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Do some research on The Commerce Clause which the U. S. Constitution expressly delegated to the national government the power to regulate interstate commerce. Is the power of the national government expanding under The Commerce Clause or has the U.S. Supreme Court curbed this regulatory power in recent years. Start out by explaining what The Commerce Clause is and what it is meant to do...then discuss with your colleagues the question of whether the government has been expanding its power under The Commerce Clause and any recent rulings by the U.S. Supreme Court in respect to this issue (i.e., recent health care law ruling by the U.S. Supreme Court). My 3 classmate respond Dylan 1- Commerce Clause The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution. The Commerce Clause states that the U.S. Congress has the power to regulate commerce with foreign nations, within the several states and with Indian tribes. Courts have discussed the three areas of commerce as a separate power granted to Congress. Disputes exist as to the range of power granted to Congress by the Commerce Clause. The Commerce Clause is the source of the federaldrug prohibition laws under the Controlled Substances Act. In the case Gonzales v. Raich, a medical marijuana case, the Supreme Court rejected that the ban on growing medical marijuana for personal use exceeded Congress' powers under the Commerce Clause. The outer limits of the Interstate Commerce Clause power have been the subject of long political controversy. Brown In the US Constitution, the Commerce Clause describes the power to regulate commerce with foreign nations, several states and with Indian Tribes. It gives them the power to regulate interstate and foreign commerce. The Federal Government has been expanding its power under the Commerce Clause over states because as soon as trade becomes interstate, the government can come in, take over and make laws that the states must follow. An example of this is the Affordable Care Act. This act made it a requirement that Americans obtain healthcare insurance or pay a penalty which was done to levy taxes. Jacob The Commerce Clause is a power granted in the United States Constitution. It grants power to the US Congress and its primary objective is to regulate commerce with foreign nations, states and Indian Tribes. This clause is often questioned, due to the various amount of power its grants the Government. This is the reason that the Commerce Clause is often tied in with the Necessary and Proper clause in the U.S. Constitution. The government has been expanding its powers under this clause and many people are abjecting to the reach and control of the government within trade and commerce. A recent issue that has had widespread notoriety is the federal marijuana ban. Many states argue that marijuana should be controlled at the state level rather than overlooked by congress. In the case of Gonzalez vs. Raich, the U.S. Supreme court ruled that congress may use its power found in the Commerce Clause to ban marijuana growing, regardless of state laws allowing the practice.
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The Commerce clause designates a reckoned power detailed in the US constitution. The
clause depicts that the US Congress shall possess the ability to control Commerce with overseas
countries and amongst several States, as well as with the Indian Tribe (Barnett 3). Commentators
and courts have endeavored to divide and discuss the clauses in three different perspectives. The
government has be...


Anonymous
Excellent resource! Really helped me get the gist of things.

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