Federal coöperation with the States under the commerce clause
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Federal coöperation with the States under the commerce clause by Joseph Ernest Kallenbach

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Published by Greenwood Press in New York .
Written in English


  • Interstate commerce,
  • Commercial law -- United States,
  • Constitutional law -- United States.

Book details:

Edition Notes

Bibliography: p. 385-394.

Statementby Joseph E. Kallenbach.
LC ClassificationsKF4606 .K3 1968
The Physical Object
Paginationviii, 428 p. ;
Number of Pages428
ID Numbers
Open LibraryOL17309544M

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The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3).The clause states that the United States Congress shall have power "[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to discuss each of these three areas of . No, marijuana did not substantially affect interstate commerce and couldn't be regulated by congress; CSA exceeded the power under the Commerce Clause; LIMITED the power of the federal government over regulating marijuana in the sates because it was not directly affecting interstate commerce.   The Commerce Among the States Clause operates both as a power delegated to Congress and as a constraint upon state legislation. No clause in the Constitution has been more disputed, and it. Congress has broad authority under the Commerce Clause to regulate interstate activity, courts refused to apply the FAA to the full extent of Congress' commerce powers. 6. The United States Supreme Court responded to the inconsistency by holding state courts bound by the FAA, 7. but ambiguity remained regarding whichAuthor: Jones, R Isham.

At a time when the temper of judicial opinion has finally begun to shift from the post consensus of unlimited federal power under the commerce clause, and indeed, even appointees to the Supreme Court who continue to support the post position, such as Breyer J., nevertheless have a sound knowledge of economic principles and a clear Cited by: 1. Narrowing the scope of Congress's Commerce Clause power. The first notable reversal from this expansive period came with the Court's decision in United States , 16 in which, for the first time since the s, the Court invalidated a federal law as exceeding Congress's Commerce Clause power. The law in question was the federal Gun-Free School Zones Act, . First, turn to Article I, Section 8. The commerce clause gives Congress the exclusive power to make laws relating to foreign trade and commerce and to commerce among the various states. Most of the federally created legal environment springs from this one clause: if Congress is not authorized in the Constitution to make certain laws, then it acts unconstitutionally and its .   The Commerce Clause appears in Article 1, Section 8 and states that Congress has the power: “To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;” “And” is the key word here because it tells us the power to regulate foreign commerce is the exact same as the power to regulate interstate Author: Chad Kent.