Powers Gravted vs. Powers Denied

Powers Gravted vs. Powers Denied - 5.06 Analysis of Powers...

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5.06 – Analysis of Powers Granted vs. Powers Denied 1. “Whoever transports in interstate or foreign commerce a motor vehicle or aircraft, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than 10 years, or both…” Article 1, Section 8, Clause 3 of the U.S. Constitution gives Congress the power “To regulate Commerce with foreign Nations, and among the several States…” which means Congress does have the right to pass this law. The law deals with the illegal trafficking of stolen motor vehicles or aircraft across state or national boundaries, and since congress can “regulate Commerce” within these areas, it has the full right to pass this law. 2. “Every person who has made any contract or engaged in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony…” Congress absolutely does not have the right to pass this law. The law deals with anyone “who has made contact or engaged in any combination or conspiracy” (in the past), and
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This note was uploaded on 06/26/2008 for the course PSCI 130-001 taught by Professor Diiulio during the Fall '08 term at UPenn.

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Powers Gravted vs. Powers Denied - 5.06 Analysis of Powers...

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