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The Action of Government on Commerce

Question Description

Question: describe an instance where a government has taken some action the result of which is influence on commerce.

Instructions:

Need minimum 250 words

Need minimum 3 APA references

No Plagiarism Please

Need 1 Response to below Discussion.

Based on my research I’m going to mention a few instances where the government has taken an effective action that has the significant impact on the commerce. The U.S Constitution Commerce clause is one of the Congress important legislative powers. This law states that the “Congress shall have the Power… to regulate Commerce… among the several States….” (Rutkow, L., & Vernick, J. S.,2011). The Congress has relied on this powerful law to pass legislation on public health, drug labeling and laws relating in regulating child labor and laws related to protecting gender motivating violence. There were many questions of application of this clause to Patient Protection and Affordable Care Act(PPACA) and the Affordable Care Act. This clause authorizes the citizens to purchase health insurance from the private market. Many experts believe this mandate exceeds the Congress authorized and deemed as unconstitutional. Then the Supreme court interfered in the matter. It classified into different phases and narrowly striking down numerous laws related to public health. In a similar case in 1937 the Supreme court has made some radical decision in regulating the sale of unhealthy chickens and labor-related laws the court has strike down the legislation which was aimed to prevent complicated foods in the interstate commerce. Some of the other instances where the Supreme court has uphold its verdict where California residents where extensively growing marijuana for medical purposes . In this instance the Supreme court questioned the Congress whether commerce powers used to regulate the activities to grow marijuana and its consumption is associated with the interstate activities . This was the Gonzales v. Raich case.

References:

Rutkow, L., & Vernick, J. S. (2011). The U.S. Constitution's Commerce Clause, the Supreme Court, and public health. Public health reports (Washington, D.C. : 1974), 126(5), 750-3.

Instructions:

  • Need minimum 100 words

Need 1 Response to the below discussion

The main significant test to the activity of congressional power under the Commerce Clause came in the 1824 instance of Gibbons versus Ogden, when two steamship administrators with elite licenses allowed by New York to ship travelers from New York City to Elizabethtown, New Jersey sued to square Gibbons, another steamship administrator conceded a permit to ship travelers on a similar course by Congress, from going up against them. Boss Justice Marshall found that the Commerce Clause allowed Congress sufficient capacity to issue the permit to Gibbons. Business, composed Marshall, is something other than the purchasing and offering of articles – it incorporates all branches of business intercourse between states, including route.

The following arrangement of cases show two unique ways to deal with breaking down whether a movement is reachable under the trade control. In U. S. versus E. C. Knight the Court presumed that the Congress did not have the ability to achieve a restraining infrastructure in the "make" of refined sugar, however could come to an "imposing business model of trade" including sugar. The Knight case delineates the formal (or "all out") way to deal with examining the range of the trade control. The formal approach centers around such inquiries as whether the managed activitity seems to be "in" or "outside" the surge of trade, regardless of whether the action is "neighborhood" or "interstate," or whether the impacts of the movement on interstate business are "immediate" or "circuitous." The differentiating observational approach, delineated by Houston E. and W. Ry. Co. versus U. S., looks to the size of the impact that the controlled movement has on interstate trade, without uncommon respect to how the action is arranged. In Houston, the Court maintained a government office's control of cargo rates on movement completely inside Texas in light of the fact that the cargo transporation inside Texas was observed to be generously influencing interstate business.

Various types of control don't benefit cash related organizations or asset organization by any stretch of the creative ability, be that as it may, are relied upon to anchor diverse premiums outside of the corporate world. Biological controls are an ordinary instance of this. The Environmental Protection Agency (EPA) routinely requires an association or industry to upgrade equip and to use all the more exorbitant techniques to decrease the natural impact. These sorts of controls much of the time have a logically outstretching impact, causing tumult in currency markets and general wobbliness in the budgetary section as the bearings create comes about. Associations much of the time attempt to move their extended costs to their customers or customers, which is another inspiration driving why characteristic controls are routinely faulty.

Sledge versus Dagenhart (1918) considered the defendability of the Child Labor Act, which prohibited things created by youngster work from interstate business. Embracing the formal approach, the Court saw the Act as unlawful endeavor to manage an absolutely neighborhood matter, work environment conditions. The mischief of kid work, the Court closed, had nothing to do with interstate business and hence fell outside the compass of congressional power.

References:

http://law2.umkc.edu/faculty/projects/ftrials/conl…

https://www.nytimes.com/2014/09/07/us/politics/for…

https://www.heritage.org/the-constitution/report/c…

Instructions:

  • Need minimum 100 words

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