Question

Explain the commerce clause and its connections to business

Answer 1

Commerce clause describe the powers listed in the United States Constitution. This states that the US Congress has the power to "regulate trade with nations, as well as between states and with Indian tribes." Courts and commentators tend to discuss these three trade segments as a separate power conferred on Congress. It is common to consider each of the elements of a business clause specified under certain conditions: foreign trade clauses, foreign trade clauses and Indian trade clauses.

There is controversy in the courts over the scope of power vested in Parliament by commerce clause. As noted below, it is often matched with the necessary and correct phrases and combinations used to embrace these powers. However, the effect of commercial statements varies depending on the interpretation of the US Supreme Court.

In the Marshall court era, the interpretation of commerce clause gave parliamentary jurisdiction over many aspects of domestic and interstate trade, as well as activities that were considered non-commercial. During the post-1937 period, the use of commercial phrases by Congress to give federal authority over economic affairs became effectively restricted. After the middle of the Rehnquist Court, the use of commerce clause was again restricted to trade or other forms of limited areas (whether interstate or not) and production (whether commercial or not). . .

Commerce clause are a source of the federal drug ban under the Substance Abuse Act. In the recent case of medical marijuana, Gonzales v. Raich, the U.S. Supreme Court, has rejected claims that a growing ban on marijuana cultivation for personal use exceeds the power of Congress under commercial terms. Even if the goods are not sold or shipped within state lines, the court finds that it may have an indirect effect on out-of-state trade and relies heavily on the New Deal, Wickard v Filburn, which ruled that the government could regulate. Personal cultivation and use of crops, such as the increase in individual consumption, may have an indirect effect on interstate commerce.