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American Government and the Constitution Lecture Two (view source)

Revision as of 18:24, September 17, 2014

1,280 bytes added ,  18:24, September 17, 2014
→‎Commerce Clause: more
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{{cquote|to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.}}
 
{{cquote|to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.}}
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This is Article 1, Section 8, clause 3, and it is one of the most important clauses in all of the Constitution.  Much, perhaps even most, of what Congress passes as laws are based on the Commerce Clause.
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This is Article 1, Section 8, clause 3, and it is one of the most important clauses in all of the Constitution.  In Federalist (Paper) No. 45, James Madison stated that  that the Commerce Clause was “an addition which few oppose and from which no apprehensions are entertained.”
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Much, perhaps even most, of what Congress passes as laws are based on the Commerce Clause, because "commerce" is considered to include any activity that has any kind of financial or economic impact.  Simply put, "commerce" is almost everything, and Congress can pass laws to regulate it if the activity has an interstate impact (an effect on more than one state).
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The famous U.S. Supreme Court case of ''Wickard v. Filburn'' (1942) extended the scope of the Commerce Clause to allow Congress to limit how much wheat a man grows on his own property to feed his own family.  How did that affect "commerce ... among the several States"?  According to the Supreme Court, the farmer's growing of wheat on his own land, for his own family's use, enabled him to avoid buying wheat for his family in the market, and that affected the overall price of wheat in interstate commerce.  Price, after all, is the result of supply and demand, and the farmer reduced the interstate demand for wheat by growing his own, and that affected the interstate price (ever so slightly).  That effect on interstate commerce was enough for Congress to have the power to limit how much wheat someone can grow on his own land!
    
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==== "Dormant" Commerce Clause ====
 
==== "Dormant" Commerce Clause ====
  
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