Would you like to merge this question into it? MERGE already exists as an alternate of this question. Would you like to make it the primary and merge this question into it? MERGE exists and is an alternate of. To regulate Commerce with …foreign Nations, and among the several States, and with the Indian Tribes.
The Chief Justice in the majority opinion ruled that navigation and travel fit under this rule. Yes The Supreme Court has abused the so-called "interstate commerce clause" to the point of meaninglessness. It seems that any and everything the federal government wants to have power over, the Supreme Court becomes a willingly partner in this usurpation by declaring, against all reason and common sense, that some action constitutes "interstate commerce".
For example, there is a federal law requiring all toilets sold in the US to be limited to one gallon per flush. This was accomplished by clearly enumerating the powers that the federal government DID have, with the assumption that everything else was off limits.
Some thought that the notion that everything else was off limits was not clear enough, so they included in the Bill of Rights the Tenth Amendment, which made it clear.
Yes, the federal government still needs the congress and the courts. The congress to make laws, and the courts to determine whether someone is in violation of them. One of those restrictions is plainly written in the Tenth Amendment. Any power not delegated to the federal government by the Constitution is reserved to the States or the People.
And the power to regulate how many miles per gallon automobiles must get is NOT delegated to the federal government. Therefore, the federal government has NO power to do so. The power, if it exists at all, is reserved to the States.
Of course, automobiles hadn't been invented yet in when the Constitution was written. This does not change the fact that the Constitution doesn't say anything about automobiles or gasoline.
Like it or not, the federal government doesn't have this power. If the PEOPLE think that the government has a legitimate interest in regulating miles per gallon, then a Constitutional Amendment can be initiated to give the government power over this issue. To date, no such amendment has been proposed.
To many it seems clear that the purpose of the "interstate commerce clause" was to give the federal government the power to set standards for business transactions in cases where no one State government could be said to have authority.
At the time, different States had different laws regarding commerce, and buyers and sellers in different States had a hard time determining which State's laws superceded the other's. Even the States themselves had huge disagreements over such issues.
So, the framers of the Constitution gave the federal government the power to enact laws that would govern transactions that took place between people in different States.
It was supposed that the laws created by the Federal government would be somewhere in between those of the States involved. The framers had no intention of allowing the federal government to make up commerce laws out of whole cloth! Futhermore, the purpose of the interstate commerce clause was to regulate the terms of the transaction, not the nature of the product itself, nor its price.
I challenge anyone to come up with any transaction, or even any action, that the federal government cannot, under such liberal application of the interstate commerce clause, claim power over.
The logic that resulted in the Federal Minimum Wage Law being deemed Constitutional is only slightly less ridiculous. No There are several approaches to Constitutional interpretation. Thus, any interpretation of the Commerce Clause will differ depending on which approach one uses.
There is no criterion by which one can say one of these approaches is the correct one. Some are better than others, but there is necessary overlap among them all. The place to begin with any interpretation of the Commerce Clause or any provision is with the words of the clause.
What does "commerce" mean? Essentially, one can define the term as the voluntary sale of goods and services, and related activity, intended for the marketplace.What powers are extended to the federal government? Explain in detail. What components of the US Constitution describe and detail the powers extended to the federal government?
|What powers are extended to the federal government Essay Sample||Get Full Essay Get access to this section to get all help you need with your essay and educational issues. What powers are extended to the federal government Essay Sample American Government The American Government and Public Affairs are divided into two house principle that compose of elements which are directly, elected by the people of the United State in high frequency, which were select the state in low frequency.|
|Federalism - Wikipedia||When the country was established, the first plan of government was established by the Articles of Confederation. When that document created a system that gave little power to a central authority, a convention of states was called and the document we know as the Constitution was born.|
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|Federalism - Wikipedia||Commonwealth of Australia, consisting of its federal districtAustralian Capital Territory redthe states of New South Wales pinkQueensland blueSouth Australia purpleTasmania yellow, bottomVictoria greenWestern Australia orange and the Northern Territory yellow, top. On the 1st of January the nation-state of Australia officially came into existence as a federation.|
|Congress for Kids: [Constitution]: Powers of the Federal Government||Some of the powers that extend to the federal government are these: The Chief Justice in the majority opinion ruled that navigation and travel fit under this rule.|
What powers are extended to the state governments? Explain in detail. What powers are extended to the federal government Essay Sample.
American Government The American Government and Public Affairs are divided into two house principle that compose of elements which are directly, elected by the people of the United State in high frequency, which were select the state in low frequency.
Some of the powers that extend to the federal government are these: collect taxes, build roads, establish courts, make and enforce laws, and take private property for public purposes.
Federalism is a hierarchical system of government under which two levels of government exercise a range of control over the same geographic area. This system of exclusive and shared powers is the opposite of "centralized" forms of governments, such as those in England and France, under which the.
What powers are extended to the federal government?Explain Weekly tasks or assignments (Individual or Group Projects) will be due by Monday and late submissions will be assigned a late penalty in accordance with the late penalty policy found in the syllabus.
“The Power Granted to the Federal Government” After reading Article One Section 8 of the United States Constitution, I came across a list of Enumerated powers granted to the Federal Government.