Unformatted text preview: Only if its ABSOLUTLEY NECESSARY, then it is proper to carry out. • Has to prove it o Jeffersonian Strict Construction o Hamiltonian Broad Construction- facilitates the exercise of power-The Marshall Court and the Commerce Clause o Gibson vs Ogden Commerce “describe the commercial intercourse between nations, and part of nations, in all its branches” The commerce clause extends “that commerce which concerns more states than one.” Congressional regulation, however, must have a commercial end. Standards require judgment. o Dual federalism and the commerce power Hammer vs Dagenhart – federal child labor act of 1916 o Narrow construction of commerce o U.S. vs E.C. Knight – Sherman anti-trust act o Schechter Poultry - NIRA...
View Full Document
- Fall '08
- United States Congress, necessity Congressional Concurrence