Tuesday, January 13, 2009

The Commerce Clause

I think Constitutional Law is about to get really interesting. Today we'll start digging into the Commerce Clause, which will lead us to the New Deal. If this picture is any indication, understanding the New Deal will help us understand Obama. Perfect timing.

The Commerce Clause within the Constitution "states that Congress has the power to regulate commerce with foreign nations, among the states, and with the Indian tribes." Gibbons v. Ogden provides an example of federal regulation of interstate commerce.

I'm quoting from Audio Case Files below.

Gibbons v. Ogden, 22 U.S. 1, (1824)

Facts
"Defendant had a New York granted monopoly on steamboat operations between New York and New Jersey. Plaintiff began operating like routes, under a license based on a federal Congressional statute. Defendant got a New York injunction forcing plaintiff to stop."

Outcome
"Congress may regulate commerce that has INTERSTATE effects even if the commerce occurs within one state. So, in this case, Congress has the exclusive power, pursuant to the commerce clause, to regulate navigation between the waters of two states."

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