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Liver Delight v. Chicago

Liver Delight v. Chicago - restaurants Foie Gras is a type...

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Andrew Lazarow Essay assignment #2 10/18/10 Does the Ordinance in Liver Delight’s case violate the dormant commerce clause in the U.S. Constitution? The Commerce Clause in the U.S. constitution permits congress to regulate commerce with foreign nations, among several states and with the Indian tribes. It provides the basis for the national governments extensive regulation of state and local affairs. The 10 th Amendment to the U.S. Constitution, or State Police Powers, gives power to the state government to enact laws for the general welfare of their citizens. When the Commerce Clause and the State Police Powers conflict with each other the Dormant Commerce Clause comes into effect. The Dormant Commerce Clause states that the courts must weigh the states interest in regulating a certain matter against the burden that the states regulation places on interstate commerce. Chicago is well known for its dining experience and the types of food offered in these
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Unformatted text preview: restaurants. Foie Gras is a type of food served in Chicago that is produced in New York and California. Because of the cruel manner in which Foie Gras is produced, the city of Chicago used the State Police Powers to enact an Ordinance that banned the sale of Foie Gras at food dispensing establishments in the city. By banning the sale of Foie Gras the city of Chicago is impinging on the both New York’s, California’s and Chicago’s economy. At the same time by banning the sale of Foie Gras the city of Chicago is going against the torture of animals. Based on the Dormant Commerce Clause the courts need to weigh the states interest on regulating the sale of Foie Gras and the burden that it places on interstate regulation. In this case banning the sale of Foie Gras will be detrimental to three states commerce and I believe Liver Delight will be successful in their defense....
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