Commerce Clause Meaning and Applications

The Commerce Clause is a provision of the U.S. Constitution (Article 1, Section 8) that grants Congress the power â€Å"to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. This law gives the federal government the power to regulate interstate commerce, which it defines as the sale, purchase, or exchange of commodities or the transportation of people, money, or goods between different states.   Congress has historically cited the Commerce Clause as justification for laws and regulations controlling the activities of the states and their citizens. In some instances, these laws lead to controversy over the constitutional division between the powers of the federal government and rights of the states. Dormant Commerce Clause The courts have interpreted the Commerce Clause as not only an explicit grant of power to Congress, but also an implied ban against state laws that conflict with federal law—sometimes called the Dormant Commerce Clause. The Dormant Commerce Clause refers to the Commerce Clause’s implied prohibition against state laws that conflict with federal law by discriminating against or excessively burdening interstate commerce. This prohibition is primarily intended to prevent the states from enacting â€Å"protectionist† trade laws. What Is Commerce? Since the Constitution does not explicitly define â€Å"commerce,† the exact meaning is a source of legal debate. Some constitutional scholars contend that â€Å"commerce† refers only to trade or exchange. Others argue that it has a broader meaning, referring to all commercial and social interaction between residents of different states. These divergent interpretations create a controversial line between federal and state power. Interpretation of Commerce: 1824 to 1995 The first legal interpretation of the scope of the Commerce Clause came in 1824, when the Supreme Court decided the case of Gibbons v. Ogden. In one of the first major expansions of the powers of the federal government, the Court ruled that Congress could use the Commerce Clause to enact laws regulating both interstate and intrastate trade. In the 1905 case of Swift and Company v. United States, the Supreme Court refined its 1824 interpretation by ruling that Congress could apply the Commerce Clause in regulating the practices of local businesses—intrastate commerce—only if those local business practices were in some way a part of a â€Å"current† or stream of commerce that also involved the movement of goods between states. In the 1937 case of NLRB v. Jones Laughlin Steel Corp, the Court significantly broadened the reach of the Commerce Clause. Specifically, the Court held that any local business activity could be defined as â€Å"commerce† as long as it had or was likely to have a â€Å"substantial economic effect† on interstate commerce. Under this interpretation, for example, Congress gained the power to enact laws regulating local firearms dealers if any of the guns they sell are manufactured outside of their states. Over the next 58 years, not a single law based on the Commerce Clause was invalidated by the Supreme Court. Then, in 1995, the Court narrowed its interpretation of commerce with its ruling in the case of United States v. Lopez. In its decision, the Court struck down parts of the federal Gun-Free School Zones Act of 1990, finding that the act of possessing a firearm is not an economic activity. Current Interpretation: The Three-Part Test When deciding that a state law is a valid exercise of the state’s power to regulate interstate commerce under the implied prohibitions of the Commerce Clause, the Supreme Court now applies this three-part test: The law must in no way discriminate against or excessively interfere with interstate commerce.The commerce regulated by the state law must not be of a nature that requires regulation by the federal government.The federal government’s interest in regulating the commerce in question must not outweigh the interest of the state. To uphold a state law under the Commerce Clause, the Supreme Court must find that the law’s benefits outweigh its burdens on interstate commerce. In addition, the Court must find that in enacting the law, the state is not attempting to advance the economic interest of its own citizens over those of the citizens of other states. Current Applications in Law In its 2005 decision in the case of Gonzales v. Raich, the Court returned to a wider interpretation of the Commerce Clause when it upheld federal laws regulating the production of marijuana in states that had legalized marijuana possession. The Supreme Court’s most recent interpretation of the Commerce Clause came from the 2012 case of NFIB v. Sebelius, in which the Court upheld Congress’ power to enact the individual mandate provision of the Affordable Care Act requiring all uninsured individuals to secure health insurance or pay a tax penalty. In reaching its 5-4 decision, the Court found that while the mandate was a constitutional exercise of Congress’ power to tax, it was not a proper use of Congresss Commerce Clause or Necessary and Proper Clause powers. Sources †Commerce Clauseâ€Å" Legal Information Institute. Cornell Law School.â€Å"Commerce Clause Limitations on State Regulation.† University of Missouri-Kansas CityWilliams, Norman. Why Congress May Not Overrule the Dormant Commerce Clause. UCLA Law Review (2005). â€Å"Federal Courts Split on Constitutionality of Individual Mandate in Health Care Law.† Regulatory Review (2011).

An Influential Psychologists Of All Times - 906 Words

One of the most influential psychologists of all times is Burrhus Frederic Skinner, also known as B. F. Skinner, who was born on March 20, 1904 in a small town called Susquehanna, Pennsylvania. B. F. Skinner was raised in a warm and wealthy home. His father was a lawyer and his mother was a stay at home mom. In Skinner’s early childhood, it was noted that he and his younger brother, Edward James, liked to build things such as arrows and shack in the woods, to name a few ( ). These construction skills would enable an older Skinner to build the equipment invented for his psychology research. As he grew up, he went through all twelve grades at the same school, graduating with less than eight students. Within these years, he developed an interest in art and literature through drawing and later reading Shakespeare (Dews, 1970). In Skinner’s higher education, he attended Hamilton College in New York, where he majored in English Literature to become a writer ( ). Soon after college, Skinner tried to write his first psychological novel but failed to do so because of family trouble and lack of success. After becoming discontent with his literary skills, and inspired by John B. Watson and Ivan Pavlov’s Behaviorism, he obtained a degree in psychology from Harvard University in 1928. Soon after, Skinner graduated with his PhD from Harvard in 1931, which led him to the development of his influential operant behaviorism ( ). B. F. Skinners had many contributions within in hisShow MoreRelatedHow Psychology Has Remain A Progressive Science1541 Words   |  7 Pages Psychology has remain a progressive science due to the many contributions of influential leaders. In this paper I will mention three historical figures who I believe were important in the development of the field of psychology in the past and till this day. Paul Ekman is an American psychologist who became a pioneer in the study of emotions and their relation to facial expressions. 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The Context Of The Second Amendment Essay free essay sample

, Research Paper The Context of The Second Amendment The reading of the Second Amendment to the Constitution of the United States of America has been a subject of contention since its credence over two-hundred old ages ago. This contention stems from the fact that the amendment was written for grounds for the most portion that do non hold any relevancy today. One side argues the amendment nothingness, and the other takes it out of historical context so it portrays the significance they want. To understand what the 2nd Amendment means, one must construe the existent text, the historical background for its acceptance, and what it means today. ? A good regulated Militia, being necessary to the security of a Free State, the right of the people to maintain and bear Weaponries, shall non be infringed? ( Nesbit, 309 ) . What many people see when they read this is, ? the right of the people to maintain and bear Weaponries, shall non be infringed? . One can state that it clearly states that the people do hold a right to hold pieces. Who are? the people? ? Some argue that the people are merely what it says, citizens. ? [ M ] any legal historiographers have concluded that the right is corporate instead that single? ( Hook, 30 ) . Meaning that the right is giving to the province authorities non to single citizens. Others argue that it does give people the right to bear weaponries, but merely if you belong to a certain group. This group is defined by the beginning preamble to the Second Amendment, ? A good regulated Militia, being necessary to the security of a Free State? . This preamble is set out to modulate the other half of the Amendment. What is a reserves? ? [ A ] reserves is a organic structure of work forces enrolled for military service, and called out sporadically for drill and exercisings, but functioning full clip merely in exigency? ( Hook, 25 ) . This is speaking about a State sponsored reserves that is well-regulated. Since there are no State Militias do the people have any right to bear Arms? Harmonizing to this amendment it is up to the State to make up ones mind that. This whole Amendment is warrant? s the province the right to hold a well-regulated reserves in which the people can bear weaponries. ? [ T ] he persons right to bear weaponries applies merely to the saving or efficiency of a well-regulated [ province ] reserves. Except for lawful constabularies and military intents, the ownership of arms by persons is non constitutionally protected? ( Nisbet, 316 ) . One can non merely look at the text to understand the true significance of the Second Amendment 1 must besides look into the historical grounds for its acceptance. The battle with England and King George scared the American people. They saw a adult male corrupted by power and utilizing his power to make evil. The establishing male parents realized that one adult male holding so much power could be perverting. That is why they set up our political system with many cheques and balances so that one subdivision could non rule the other two. The establishing male parents feared that the one adult male in control could turn out to be a autocrat. For this ground, they feared to hold a standing ground forces of professionally trained soldiers. The establishing male parents set up the Second Amendment for the possibility that the authorities would hold to be overthrown. ? [ The Second Amendment, ] a statement possibly aimed less at the right of the person to transport weaponries than to forbid the constitution of a lasting ground forces of professional soldiers who might some twenty-four hours offer a menace to the civilian society the envisaged? ( Hook, 26 ) . So the 2nd Amendment was set up to protect the citizens from the possible subjugation they could undergo from their ain authorities. It was besides set up to protect us from other states. At the clip standing ground forcess were hired soldiers and soldier of fortunes who for the most portion fought for the money alternatively of the state. The establishing male parents believed that province reservess contending for their state and freedom would be much more effectual in conflict. ? A reserves is the lone safe signifier of military power that a popular goverment can use ; and because it is composed of the armed [ citizens ] , it will predominate over the materialistic professionals who adult male the ground forcess of neighbouring sovereign? ( Nesbit,318 ) . This is how we won the Revolutionary War, by utilizing province reservess. The Second Amendment was of import to the people so, but now does it truly have any significance? In modern times, we have what the establishing male parents feared the most, a national standing ground forces with the President as Commander. We have no State Militias that could give any opposition if President Clinton tried to take military control and ordered military personnels to implement oppressive Torahs. Fortunately, this has non happened. The job is that pieces have been a portion of this state from the beginning. In fact Congress at that clip did non even experience it necessary to set an Amendment in the Constitution because holding a fire arm was every bit common as siting a Equus caballus. ? [ T ] his right had non been questioned, for it was viewed as a traditional privilege lying outside the Constitution # 8230 ; ? ( Hook, 30 ) . Having a piece at that clip was so common that they did non even think about holding to legalise it. Today, is a different narrative. With more and more ordinances on pieces being passed, the Second Amendment is the lone thing groups like the NRA have to keep on to. Both sides need to sit down and happen a solution to this gun-control argument. Or one twenty-four hours this Amendment will be interpreted at face value and fire weaponries in citizens custodies will be a thing of the yesteryear, unless of class it is in a province sponsored reserves. As clip goes on the contention of the Second Amendment additions. When examined by the existent text, the historical background, and how it applies today, the Second Amendment has little if any relevancy for modern society. Groups like the NRA and ACLU need to work together to happen a solution to this gun-control argument so in the terminal both groups are satisfied with the consequences. Beginnings Nesbit, Lee. Gun Control Debate: You Decide. New York: Prometheus Books, 1990. Hook, Donald. Gun Control: The Continuing Debate. Washington: The Second Amendment Foundation, 1992.