2-25 - contract 6 Unleashing the Commerce Clause •...

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Congress PCSI 1014 @ Chad B. Newswander
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2 Powers of Congress Article I, Section 1 All legislative Powers “herein granted” shall be vested in a Congress of the United States
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3 Powers of Congress Article I, Section 8 To Collect Taxes To borrow money To Regulate Commerce To Coin and regulate money To Establish post offices/roads To Declare War To Raise and manage armed services To To make rules for the government and regulation of the land and naval forces Uniform Code of Military Justice Make law
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4 Commerce Clause The lifeblood of a nation Help regulate unemployment Help eliminate discrimination Facilitate economic exchange to promote economic growth Provide for a reasonable standard of living Safety and effective standards
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5 Early Interpretations of the Commerce Clause: a mixed bag Gibbons v. Ogden Between or among Emancipation of Commerce in the United States Lochner v. United States Limiting the Commerce Clause Limit Congressional power due to freedom of
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Unformatted text preview: contract 6 Unleashing the Commerce Clause • Wickard v. Filburn (1942) • What happens if production does not effect commerce • Can Congress still regulate it • Farmer Filburn and 11 acres • Unleashing the full power of the Commerce Clause 7 Commerce Clause as a remedy • Heart of Atlanta Motel v. United States • Do private companies who serve the public have the right to discriminate? • Can they choose their customers? • Places of public accommodation (hotels, buses, restaurants, etc.) • Commerce Clause grants Congress the power to regulate places of public accommodation • How far does this extend? 8 The Modern Commerce Clause • Lopez v. United States • Guns, commerce, and schools • Does Congress have the power to regulate guns in a school zone? • Gonzales v. Raich • California v. the United States: the question of marijuana • Can Congress regulate weed through the commerce clause?...
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2-25 - contract 6 Unleashing the Commerce Clause •...

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