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Social Sciences
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Topic:
Supreme Court's Commerce Clause Jurisprudence
Essay Instructions:
discuss the evolution of the Supreme Court's Commerce Clause jurisprudence from Gibbons v. Ogden through the constitutional revolution of 1937. You must use U.S. Supreme Court cases to delineate your answer. cases include: McCulloch v. Maryland,Gibbons v. Ogden, Gonzales v. Raich, hammer v. dagenhart, carter v. carter coal company, swift and company v. United States and wickard v. filburn.
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Supreme Court's Commerce Clause Jurisprudence
The Commerce Clause in a constitution is legislation that grants congress the power to control commerce with foreign nations, between different states, and with ethnic Indian tribes. Experts divide this piece of legislation along these three distinct lines. Over the years, the Supreme Court has shifted in its decision on matters relating to commerce on national and federal interests. However, most of the decisions upheld have federal interests granting the federal governments the last say on matters commerce. In Gibbons v. Ogden (1824), the Supreme Court upheld the decision that congress was within its constitutional mandate in regulating commercial activities. In 1808, the state of New York enacted legislation that granted two individuals the right to use and navigate the waters of the state. Individuals protested this as they saw it as a way of monopolizing commerce. Former Governor Gibbons went into...
Course:
Instructor:
Date:
Supreme Court's Commerce Clause Jurisprudence
The Commerce Clause in a constitution is legislation that grants congress the power to control commerce with foreign nations, between different states, and with ethnic Indian tribes. Experts divide this piece of legislation along these three distinct lines. Over the years, the Supreme Court has shifted in its decision on matters relating to commerce on national and federal interests. However, most of the decisions upheld have federal interests granting the federal governments the last say on matters commerce. In Gibbons v. Ogden (1824), the Supreme Court upheld the decision that congress was within its constitutional mandate in regulating commercial activities. In 1808, the state of New York enacted legislation that granted two individuals the right to use and navigate the waters of the state. Individuals protested this as they saw it as a way of monopolizing commerce. Former Governor Gibbons went into...
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