Commerce Clause (user search)
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Author Topic: Commerce Clause  (Read 2045 times)
John Dibble
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Posts: 18,732
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« on: August 05, 2005, 08:14:29 PM »

How, in your opinion, should the Supreme Court interpret the Commerce Clause?

They can regulate any goods intended to cross state borders for commercial purposes. Less in the areas of production and sale than in the actual shipment. Anything brought across borders by individuals(bought in one state and taken to another) does not count as interstate commerce - otherwise you could regulate me going across the border to buy groceries if I lived near a border, but not the people buying groceries in their own states. Producing goods for oneself is not interstate commerce - ex. growing your own wheat may indirectly affect interstate commerce, but then again almost all actions will, so there wouldn't be a point to the interstate commerce clause specifying one type of commerce if we used the 'it affects it' logic. Hotels, restaraunts, and other established buildings are not interstate commerce unless somehow operated on by a corporation or other type of company that operates such things in multiple states.

Basically, in summary - REAL INTERSTATE COMMERCE and not everything that might affect it.
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John Dibble
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Posts: 18,732
Japan


« Reply #1 on: August 05, 2005, 10:03:40 PM »

1. Price controls - No
2. Banning a specific good or service - They can ban shipping it across state lines, but not for personal or intrastate production and use
3. Americans with Disabilities Act of 1990 - In most cases, no
4. Anti-trust laws - In regards to interstate trusts, but not intrastate
5. Minimum wage - Only on jobs that involve crossing state borders
6. Coining money - This is given to them at another point in the Constitution, so irrelevant (clause 5 of powers clause)
7. Establishing uniform bankruptcy laws - for interstate banks, not intrastate
8. Establishing post offices and post roads - same as 6, just uses clause 7
9. Punishing counterfeit currency - see above, clause 6
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