Commerce Clause and its abuse (Vanity)

[mojojockey]

In class today we are discussing the purpose of the commerce clause, and its history in court. I have studied it, and can make a lot of sense out of various cases, but can some of you help me out on some of the basics to remember about the commerce clause's history of being invoked?

[Chad Fairbanks]

If you are talking abou the Interstate Commerce clause, then I'd have to say it is invoked any and every time Congress wants to pass laws it has no business passing (i.e. passing laws that are not within their constitutional scope. Just call it an "Interstate Commerce Issue" gets them around it...)

But maybe that's just me...

[Just Dan]

http://en.wikipedia.org/wiki/Commerce_clause

[Just Dan]

http://en.wikipedia.org/wiki/Commerce_clause

[Congressman Billybob]

You want to look at Hodel v. Virginia Strip Mining. Both Virginia and the county involved had laws on strip mining which the company was following. But Congress had passed a law dictating how strip mining had to be conducted/

The issue before the Supreme Court was whether Congress had the power to control land within the borders of a single state, and not known to cross state lines at any time, under the Interstate Commerce Clause. The Court reviewed the history of the Clause, and then stretched it to cover that land in Virginia.

This decision in this case completed the process, begun in Wikard v. Filburn, of using that Clause to blow a hole through the center of the Constitution in clear violation of the intent of that document as written and amended.

Congressman Billybob

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[frithguild]

[CONSTITUTIONAL LAW.]

Supreme Court of the United States

GIBBONS, Appellant,
v.
OGDEN, Respondent.


March 2, 1824

22 U.S. 1, 6 L.Ed. 23, 9 Wheat. 1

END OF DOCUMENT

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