17:50
@bigfatsloth: there she is ;)
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Simple English definitions for legal terms
Commerce Clause
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A quick definition of Commerce Clause:
The Commerce Clause is a part of the US Constitution that gives Congress the power to regulate trade between different states, with other countries, and with Native American tribes. This has caused a lot of debate about how much power the federal government should have compared to the states. The courts have interpreted the Commerce Clause in different ways over time, with some saying it only applies to trade and others saying it can be used to regulate many different activities. In recent years, the Supreme Court has tried to limit Congress's power under the Commerce Clause, but it still has a big impact on how laws are made and enforced in the US. The Commerce Clause also affects state governments by preventing them from passing laws that discriminate against or harm businesses from other states.A more thorough explanation:
The Commerce Clause is a part of the United States Constitution that gives Congress the power to regulate commerce between states, with foreign nations, and with Indian tribes. This clause has been used by Congress to pass laws that affect the activities of states and their citizens.
For example, in 1990, Congress passed the Gun-Free School Zones Act, which made it illegal to carry a gun within 1,000 feet of a school. The law was challenged in the case of United States v. Lopez, where the Supreme Court ruled that Congress did not have the power to regulate guns in schools because it did not have a substantial effect on interstate commerce.
However, in other cases, the Supreme Court has taken a broader interpretation of the Commerce Clause. For example, in the case of Wickard v. Filburn, the Court ruled that Congress could regulate the amount of wheat a farmer could grow for personal use because it could affect the overall supply and demand of wheat in the country.
The Commerce Clause has also been used to prevent states from passing laws that discriminate against or excessively burden interstate commerce. For example, in the case of West Lynn Creamery Inc. v. Healy, the Supreme Court struck down a Massachusetts state tax on milk products because it discriminated against non-Massachusetts citizens and businesses.
Overall, the Commerce Clause is an important part of the Constitution that has been the subject of ongoing debate and interpretation.