The Commerce Clause-2 Paragrah

The Commerce Clause

The Commerce Clause

Write a short (1-2 paragraph) summary of the commerce clause-related case that you selected for this discussion. Be sure to include proper citation to the case and the interpretive pieces that you used in your analysis.

The commerce clause was originally intended to prevent discrimination by states against exports from other states and countries. However, it has served as the legal basis for a variety of legislation that some critics have suggested is a misinterpretation of this original intent.

Many cases have been brought to challenge the use of the commerce clause to regulate private activity within the states. The vast majority of these cases have found in favor of the federal government’s use of that clause to support its initiatives. Consider the New Deal legislation of the early twentieth century, which led to the creation of a number of social programs, most based upon the commerce clause, as an example. We will discuss a number of these important cases this week.

To prepare for this Discussion:

• Locate and review a U.S. Supreme Court decision addressing the commerce clause (hint: you can find cases organized by topic at the Oyez Project website: www.oyez.org)
• Research law review articles or other secondary sources that analyze the opinion that you selected.
• Share a brief summary (1 paragraph) of the case and then explain whether you believe the court properly ruled in supporting or critiquing the use of the commerce clause in this instance.
• Be sure to consider how this case expands or contracts the commerce clause power.